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2025 (5) TMI 330 - AT - Income TaxTP Adjustment - comparable selection - TPO considered provision for doubtful debts and bank charges as non-operating item while determining operating profits of tested party as well as comparables - Relying on the TP analysis undertaken by the TPO AO determined the ALP of the international transactions of the Assessee to be greater than the ALP determined by the Assessee resulting in an addition to the income of the Assessee. HELD THAT - We find no reason to interfere in the aforesaid conclusions as there is nothing on record to support any contrary view. As with regard to the remaining grounds also there is nothing to substantiate the case of the assessee that the disallowances were otherwise not called for. Appeal of the assessee is dismissed.
The core legal questions considered by the Appellate Tribunal (AT) in this appeal pertain primarily to the determination of the arm's length price (ALP) for international transactions under the transfer pricing provisions of the Income Tax Act, 1961 (the Act), specifically for the assessment year 2012-13. The issues include:
1. Whether the Transfer Pricing Officer's (TPO) rejection of the assessee's transfer pricing documentation and the comparables selected therein was justified. 2. Whether the TPO's use of single-year data (FY 2011-12) instead of multiple-year data, and the application of various filters to select comparable companies, was appropriate and in accordance with the statutory and regulatory framework. 3. Whether the TPO's determination of the ALP, which resulted in a substantial addition to the assessee's income, was legally sustainable. 4. Whether the other additions and disallowances made by the Assessing Officer (AO), including late payment of employee contributions, loans/advances written off, and travelling expenses, were justified. Issue-wise Detailed Analysis 1. Legitimacy of TPO's Rejection of Assessee's Transfer Pricing Documentation and Comparables The legal framework governing transfer pricing is primarily contained in sections 92 to 92F of the Income Tax Act, 1961, along with Rule 10B and related rules. The TPO's role is to examine the international transactions and determine the ALP by applying the arm's length principle. In this case, the assessee provided IT-enabled and IT-related services to associated enterprises (AEs) and claimed these to be routine services with lower risk and functions compared to the AEs, which owned intangibles and bore substantial risks. The assessee's transfer pricing documentation used multiple-year data and a set of comparable companies to justify the pricing. The TPO rejected this approach, asserting that the comparables selected and the methodology were inappropriate. The TPO emphasized the use of contemporaneous single-year data (FY 2011-12) as mandated under Rule 10B(4) of the Rules, which requires use of the latest available financial information. The TPO also applied stringent filters to identify comparables, rejecting companies based on turnover, proportion of IT-enabled services, export income, related party transactions, employee cost, financial health, and functional similarity. The Court noted that the TPO's rejection was based on established legal requirements and regulatory guidelines, including the need for contemporaneous data and appropriate comparability. The TPO's approach aligned with the legislative intent to ensure that ALP determination is based on reliable and relevant data. The Court found no material on record to support the assessee's contention that the TPO's rejection was unjustified, thereby upholding the TPO's exercise of discretion in selecting comparables and rejecting the assessee's methodology. 2. Appropriateness of Use of Single-Year Data and Application of Filters by TPO The TPO's reliance on single-year data was grounded in Rule 10B(4), which prescribes the use of the latest available financial information of comparable companies. The assessee's use of multi-year data was thus held to be inconsistent with the rule. The filters applied by the TPO to identify comparables were:
The Court observed that these filters are consistent with the principles of transfer pricing, which require comparability in terms of functions, risks, and economic circumstances. The filters ensure that only companies with similar business profiles and financial characteristics are considered, thereby enhancing the reliability of the ALP determination. No evidence was presented by the assessee to demonstrate that these filters were arbitrary or unreasonable. The Court therefore upheld the TPO's methodology as compliant with statutory provisions and judicial precedents emphasizing the need for stringent comparability criteria. 3. Determination of ALP and Resulting Addition to Income The TPO recalculated the ALP for the provision of IT-enabled services and IT and related services, resulting in margins of 28.07% and 22.31% respectively for comparable companies, compared to the assessee's claimed margins of 15.55% and 13.57%. The TPO's adjusted margins led to an addition of approximately Rs. 179.9 million to the assessee's income. The Court noted that the TPO treated certain items such as provision for doubtful debts and bank charges as non-operating and excluded them from operating profit calculations, which is a standard practice in transfer pricing analysis to ensure comparability. However, the TPO did not make any adjustment for differences in risk profile between the assessee and comparables, which could be a point of contention. Despite this, the Court found the TPO's determination reasonable given the absence of contrary evidence or persuasive arguments from the assessee. The Court concluded that the AO's reliance on the TPO's findings and the resulting addition to income was justified and sustainable under the Act. 4. Justification of Other Additions and Disallowances The AO also made additions for late payment of employee contributions, loans/advances written off, and travelling and conveyance expenses. The assessee failed to substantiate any challenge to these disallowances. The Court observed that in the absence of any evidence or argument from the assessee, these additions were rightly upheld by the AO and affirmed by the Tribunal. Significant Holdings The Tribunal held: "Having regard to totality of circumstances, a last opportunity is provided to Assessee, to present its case on the next date of hearing, subject to payment of costs... Both parties are informed in the Court." This reflects the Tribunal's adherence to procedural fairness while emphasizing the need for timely prosecution of appeals as per section 254(2A) of the Act. On the merits, the Tribunal stated: "After going through the impugned orders... we find no reason to interfere in the aforesaid conclusions as there is nothing on record to support any contrary view." This underscores the Tribunal's deference to the TPO's reasoned and rule-compliant determination of ALP. The Tribunal further affirmed that the TPO's use of single-year data and application of filters for comparable selection were consistent with Rule 10B(4) and transfer pricing principles. Finally, the Tribunal concluded: "In the light of the aforesaid discussion, the appeal of the assessee is dismissed." This final determination confirms the validity of the additions made and the correctness of the transfer pricing adjustments.
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