2025 (4) TMI 47 - HC - Income Tax

TP Adjustment - determination of arm s length price by following the guidelines stipulated under Chapter X of Income-tax Act 1961 read with corresponding Rules in this regard - HELD THAT -In the facts of the present case the Tribunal should have examined the matter from the perspective suggested by the Hon ble Supreme Court in the case of Sap Labs India (P) Ltd 2023 (4) TMI 859 - SUPREME COURT - Since this has not been done Mr. Thakkar agrees that the impugned order could be set aside and the matter remanded to the Income Tax Appellate Tribunal (ITAT) for fresh consideration of the assessee s appeal. As we are remanding the matter to the ITAT we leave all parties contentions regarding the merits of the case open for determination by the ITAT. The substantial question of law is answered in the above terms. The ITAT s impugned order is set aside. The assessee s appeal is restored to the ITAT file. ITAT is directed to dispose of the appeal given our above observations and the observations of the Hon ble Supreme Court in the case of Sap Labs India (P) Ltd. 2023 (4) TMI 859 - SUPREME COURT

Summary

ISSUES PRESENTED and CONSIDERED

The core legal issue considered in this judgment is whether the Tribunal correctly determined the arm's length price (ALP) in accordance with the guidelines stipulated under Chapter X of the Income-tax Act, 1961, and the corresponding Rules. Specifically, the question is whether the Tribunal's determination of the ALP can be scrutinized by the High Court under Section 260A of the IT Act for compliance with the relevant legal framework and guidelines.

ISSUE-WISE DETAILED ANALYSIS

Relevant Legal Framework and Precedents

The determination of the arm's length price is governed by Chapter X of the Income-tax Act, 1961, which includes Sections 92, 92A to 92CA, 92D, 92E, and 92F, along with Rules 10A to 10E. The Supreme Court's decision in Sap Labs India (P) Ltd. Vs. Income Tax Officer is pivotal, as it clarifies that the High Court can scrutinize the Tribunal's determination of the ALP to ensure compliance with these provisions.

Court's Interpretation and Reasoning

The Court referred to the Supreme Court's observations in Sap Labs India (P) Ltd., which emphasized that the Tribunal must adhere to the guidelines under Chapter X when determining the ALP. The Supreme Court rejected the notion that the Tribunal's determination is final and beyond scrutiny by the High Court. Instead, it allowed for High Court review to ensure that the Tribunal's findings are not perverse and that the guidelines are properly followed.

Key Evidence and Findings

The Court noted that the Tribunal did not consider the Supreme Court's decision in Sap Labs India (P) Ltd. when making its determination. As a result, the Tribunal's order was deemed insufficiently grounded in the necessary legal framework, warranting a remand for reconsideration.

Application of Law to Facts

In applying the law, the Court determined that the Tribunal's decision lacked a thorough examination as required by the Supreme Court's guidance. The High Court concluded that the Tribunal should reassess the ALP determination in light of the Supreme Court's directives, ensuring adherence to the guidelines under Chapter X.

Treatment of Competing Arguments

Mr. Thakkar, representing the respondent, argued that despite the lack of explicit reference to the guidelines, the determination was consistent with them. Mr. Sharma, representing the appellant, disputed this claim. The Court chose not to resolve these contentions at this stage, instead remanding the matter to the Tribunal for a fresh evaluation.

Conclusions

The Court concluded that the Tribunal's failure to consider the Supreme Court's decision necessitated a remand for a fresh determination of the ALP. The Court left all substantive contentions open for the Tribunal's reconsideration.

SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning

The Court emphasized the Supreme Court's ruling: "Therefore, while determining the arm's length price, the Tribunal has to follow the guidelines stipulated under Chapter X of the IT Act... Any determination of the arm's length price under Chapter X dehors the relevant provisions of the guidelines referred to hereinabove, can be considered as perverse..."

Core Principles Established

The judgment reinforced the principle that the High Court has the authority to scrutinize the Tribunal's determination of the ALP to ensure compliance with statutory guidelines, rejecting the notion that such determinations are beyond appellate review.

Final Determinations on Each Issue

The substantial question of law was answered by setting aside the Tribunal's order and remanding the case for fresh consideration, with instructions to adhere to the Supreme Court's observations in Sap Labs India (P) Ltd.