2018 (1) TMI 1473 - AT - Income Tax

Transfer pricing adjustment - ALP determination - international transactions - expenses incurred by the assessee towards advertisement and sales promotion expenses as helping the promotion of Renault brand in India - HELD THAT - Just because assessee mentioned that marketing expenditure incurred by it helped promotion of Renault brand in India it cannot be presumed that such expenditure resulted in any international transaction. Expenditure was incurred by the assessee to create market share for its Cars and marginal benefits derived by its principal abroad as an off shoot cannot in our opinion convert it to a international transaction. See MARUTI SUZUKI INDIA LTD. VERSUS COMMISSIONER OF INCOME TAX 2015 (12) TMI 634 - DELHI HIGH COURT - Decided in favour of assessee.

Issues Involved:
1. Violation of Principles of Natural Justice
2. Treatment of Domestic Purchases as International Transactions
3. Treatment of Advertisement and Market Promotion Activity as International Transactions
4. Comparability Analysis
5. Enhancement of Transfer Pricing (TP) Adjustment

Issue-Wise Detailed Analysis:

1. Violation of Principles of Natural Justice:
The appellant argued that the Transfer Pricing Officer (TPO) violated principles of natural justice and exceeded jurisdiction by proposing a Transfer Pricing adjustment. This issue was general and required no specific adjudication.

2. Treatment of Domestic Purchases as International Transactions:
The core contention was whether the domestic purchases from RNAIPL (an Indian company) should be treated as international transactions under Section 92B of the Income Tax Act, 1961. The TPO argued that the transactions between the assessee and RNAIPL were influenced by Renault S.A.S., France, and thus should be considered international transactions. The TPO relied on agreements like the Master License Agreement and Master Supply Agreement to substantiate this claim. However, the assessee contended that RNAIPL was a resident company and the transactions were purely domestic. The Dispute Resolution Panel (DRP) supported the TPO's view, citing that the agreements indicated control by Renault S.A.S., France, over RNAIPL. The Tribunal, however, concluded that the transactions between the assessee and RNAIPL did not qualify as international transactions since RNAIPL was a resident entity, and there was no substantial evidence proving that Renault S.A.S., France, influenced the pricing.

3. Treatment of Advertisement and Market Promotion Activity as International Transactions:
The TPO treated the advertisement and market promotion (AMP) expenditure incurred by the assessee as an international transaction, asserting that it promoted the Renault brand owned by the parent company. The assessee argued against this, relying on the judgment of the Delhi High Court in Maruti Suzuki India Ltd. The Tribunal agreed with the assessee, stating that the AMP expenditure incurred to create market share for the assessee's cars did not constitute an international transaction. The Tribunal emphasized that incidental benefits to the parent company did not transform the expenditure into an international transaction.

4. Comparability Analysis:
The assessee objected to the TPO's selection of dealer companies as comparables, arguing that these companies were functionally dissimilar. This issue became academic as the Tribunal concluded that the transactions in question were not international transactions and thus not subject to Transfer Pricing analysis.

5. Enhancement of TP Adjustment:
The DRP had enhanced the TP adjustment from INR 163.68 crores to INR 178.32 crores. However, since the Tribunal held that the transactions were not international transactions, the enhancement of the TP adjustment became a non-issue.

Conclusion:
The Tribunal concluded that the transactions between the assessee and RNAIPL were not international transactions and thus not subject to Arm's Length Pricing adjustments. Consequently, the grounds related to comparability analysis and enhancement of TP adjustment were rendered academic. The appeal was partly allowed, with the Tribunal ruling in favor of the assessee on the major issues.

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