2019 (9) TMI 1599 - AT - Income Tax

TP Adjustment - comparable selection - adjustment on provision for Research and Information Transaction is exclusion of the company M/s Aditya Birla Capital Advisor P. Ltd from set of comparables - HELD THAT - It is undisputed that the company M/s Aditya Birla Capital Advisors Pvt. Ltd. has earned revenue from providing management services. Further from the annual report of the company it is also evident that the company has been engaged in advising and managing venture capital funds. The activity of advising investment management is quite distinct from the services provided by the assessee under the transaction of research and information services. We hold that the company is functionally dissimilar to the assessee and direct the learned AO/TPO to exclude the company from the final set of the comparables. TP adjustment - interest on outstanding receivables arising from International transactions of research and information and IT support services - HELD THAT - Tribunal in the case of Pegasystems Worldwide India (P) Ltd 2015 (10) TMI 2495 - ITAT HYDERABAD has held as in case of a debt free company there is no requirement for making transfer pricing adjustment on account of the interest on outstanding receivables. We have verified the balance sheet of the assessee and find that the assessee has not borrowed any fund for its business activity and thus it being a debt free company the ratio of the decision of the Tribunal in the case of Pegasystems Worldwide India (P) Ltd Vs ACIT (supra) is squarely applicable on the facts of the case. Accordingly we delete the transfer pricing adjustment made on account of interest on receivables - Decided in favour of assessee.

Issues Involved:

1. Addition to total income for provision of R&I services, IT support services, and notional interest on inter-company receivables.
2. Rejection of economic analysis and determination of arm's length price (ALP).
3. Use of multiple year data versus single year data.
4. Selection of comparables for benchmarking international transactions.
5. Exclusion of Inmacs Management Services Limited from the comparables.
6. Inclusion of Aditya Birla Capital Advisors Private Limited in the comparables.
7. Inclusion of ICRA Online Limited in the comparables.
8. Non-granting of benefit under second proviso to Section 92C(2).
9. Non-consideration of foreign exchange fluctuations as operating in nature.
10. Computational errors in determination of ALP.
11. Lack of adjustments for differences in working capital.
12. Lack of adjustments for differences in risk profile.
13. Classification of inter-company receivables as a separate international transaction.
14. Benchmarking of R&I and IT support services with working capital adjustment.
15. Determination of notional interest on inter-company receivables.
16. Levy of interest under Section 234A and Section 234B.
17. Initiation of penalty proceedings under Section 271(1)(c).

Detailed Analysis:

1. Addition to Total Income:
The Tribunal noted that the assessee challenged the addition of INR 33,11,82,383 made by the TPO/AO/DRP for R&I services, IT support services, and notional interest on inter-company receivables. The Tribunal acknowledged the assessee's arguments but ultimately upheld the adjustments made by the authorities, except for the specific issue regarding Aditya Birla Capital Advisors Private Limited.

2. Rejection of Economic Analysis and Determination of ALP:
The Tribunal addressed the assessee's contention that the authorities erred in not accepting the economic analysis and modifying it for determining the ALP. The Tribunal did not find merit in this argument and upheld the authorities' approach.

3. Use of Multiple Year Data:
The Tribunal noted the assessee's argument against the use of single-year data (FY 2013-14) instead of multiple-year data. However, the Tribunal upheld the authorities' decision to use single-year data for determining the ALP.

4. Selection of Comparables:
The Tribunal examined the issue of the selection of comparables for benchmarking international transactions. The Tribunal upheld the authorities' decision, except for the specific issue regarding Aditya Birla Capital Advisors Private Limited.

5. Exclusion of Inmacs Management Services Limited:
The Tribunal did not find merit in the assessee's argument against the exclusion of Inmacs Management Services Limited from the comparables and upheld the authorities' decision.

6. Inclusion of Aditya Birla Capital Advisors Private Limited:
The Tribunal found that Aditya Birla Capital Advisors Private Limited was functionally dissimilar to the assessee. The Tribunal noted that the company was engaged in providing investment management services, which were distinct from the assessee's R&I services. The Tribunal directed the exclusion of Aditya Birla Capital Advisors Private Limited from the final set of comparables.

7. Inclusion of ICRA Online Limited:
The Tribunal did not find merit in the assessee's argument against the inclusion of ICRA Online Limited in the comparables and upheld the authorities' decision.

8. Non-Granting of Benefit under Second Proviso to Section 92C(2):
The Tribunal did not find merit in the assessee's argument regarding the non-granting of benefit under the second proviso to Section 92C(2) and upheld the authorities' decision.

9. Non-Consideration of Foreign Exchange Fluctuations:
The Tribunal did not find merit in the assessee's argument regarding the non-consideration of foreign exchange fluctuations as operating in nature and upheld the authorities' decision.

10. Computational Errors in Determination of ALP:
The Tribunal did not find merit in the assessee's argument regarding computational errors in the determination of ALP and upheld the authorities' decision.

11. Lack of Adjustments for Differences in Working Capital:
The Tribunal did not find merit in the assessee's argument regarding the lack of adjustments for differences in working capital and upheld the authorities' decision.

12. Lack of Adjustments for Differences in Risk Profile:
The Tribunal did not find merit in the assessee's argument regarding the lack of adjustments for differences in risk profile and upheld the authorities' decision.

13. Classification of Inter-Company Receivables as a Separate International Transaction:
The Tribunal noted that the authorities classified inter-company receivables arising from R&I services and IT support services as a separate international transaction. The Tribunal upheld this classification.

14. Benchmarking of R&I and IT Support Services with Working Capital Adjustment:
The Tribunal did not find merit in the assessee's argument regarding the benchmarking of R&I and IT support services with working capital adjustment and upheld the authorities' decision.

15. Determination of Notional Interest on Inter-Company Receivables:
The Tribunal examined the issue of notional interest on inter-company receivables. The Tribunal noted that the assessee was a debt-free company and relied on the decision in Pegasystems Worldwide India (P) Ltd Vs ACIT, which held that notional interest on outstanding receivables should not be taxed for a debt-free company. The Tribunal deleted the transfer pricing adjustment made on account of interest on receivables.

16. Levy of Interest under Section 234A and Section 234B:
The Tribunal noted that the ground regarding the levy of interest under Section 234A and Section 234B was consequential in nature and dismissed it as infructuous.

17. Initiation of Penalty Proceedings under Section 271(1)(c):
The Tribunal noted that the ground regarding the initiation of penalty proceedings under Section 271(1)(c) was premature at this stage and dismissed it as infructuous.

Conclusion:
The appeal of the assessee was allowed for statistical purposes. The Tribunal directed the exclusion of Aditya Birla Capital Advisors Private Limited from the final set of comparables and deleted the transfer pricing adjustment made on account of interest on receivables. Other grounds raised by the assessee were dismissed or upheld in favor of the authorities.

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