Contact us   Feedback   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (4) TMI 1125 - ITAT PUNE

2016 (4) TMI 1125 - ITAT PUNE - TMI - Non exclusion of non-operating expenses i.e. interest and finance cost while calculating the profit level indicator (“PLI”) i.e. Operating Margin to Operating Expenses of the Appellant - Held that:- The TPO noted that the Dispute Resolution Panel (DRP), Pune vide order passed under section 144C(5) of the Act relating to assessment year 2007-08, dated 20.05.2011 had directed to exclude the import licence fees of ₹ 4.54 crores from the segmental profit a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urther, the claim of the assessee to exclude derivative losses from operating losses was also held to be not correct because the same was part of business and hence, could not be excluded from the expenses. Even in the case of comparable companies i.e. M/s. ADF Foods Ltd., there was derivative loss of ₹ 18.28 lakhs and the same was considered as part of operating expenses, while working out the PLI on segmental profit.

Exclusion of bad debts as sundry balances written off from t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

PLI of concern of costs, which are relatable to carrying on of the business are to be considered as part of operating margins / operating expenses. Only such items which are not relatable to carrying on of business are to be excluded while computing the operating margins / operating expenses of the assessee, in turn, working out the PLI of the company. The assessee before us has claimed that the non-operating expenses of interest on finance cost needs to be excluded while calculating PLI of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aim of the assessee. - ITA No.335/PN/2013 - Dated:- 16-3-2016 - MS. SUSHMA CHOWLA, JM AND SHRI PRADIP KUMAR KEDIA, AM For The Appellant : Shri Arvind Sonde For The Respondent : Smt. Divya Bajpai ORDER PER SUSHMA CHOWLA, JM: This appeal filed by the assessee is against the order of ACIT, Circle-7, Pune, dated 29.11.2012 relating to assessment year 2008-09 passed under section 143(3) r.w.s. 144C(13) of the Income-tax Act, 1961 (in short the Act ). 2. The assessee has raised the following grounds o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dy to serve foods ("RT'S"') segment for calculation of PLI of the Appellant. 3. The learned ACTT pursuant to the direction of Hon'ble DRP erred in law and on the facts and in circumstances of the case in making an adjustment to the entire segment of RTS and not restricting it to the value of international transactions only. 4. The learned ACIT pursuant to the direction of Hon'ble DRP erred on the facts and in circumstances of the case in considering the incorrect operat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion of Hon ble DRP erred on the facts and in circumstances of the case in disallowing sundry balances written off. 8. The learned ACIT has erred on the facts and in law by levying interest under section 234B of the Act, on account of the unanticipated adjustments made by the learned Transfer Pricing Officer. 9. The learned ACIT erred on the facts and in law in proposing to initiate penalty proceedings under section 271(1)(c) read with section 274 of the Act, without considering the facts of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

et pointed out that the grounds of appeal No.5, 7, 8 and 9 are not pressed and hence, all these grounds of appeal are dismissed as not pressed. 5. It was further pointed out by the learned Authorized Representative for the assessee that the issue in grounds of appeal No.2, 3 and 6 is covered by the order of Tribunal in assessee s own case in assessment year 2007-08. 6. The assessee has also filed additional ground of appeal No.1, which reads as under:- 1. The learned ACIT pursuant to the directi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd, objected to the admission of the additional ground of appeal. However, we find that the issue raised is purely a legal issue and hence, the said additional ground of appeal is admitted for adjudication. 9. Now, coming to the facts of the present case. The assessee was engaged in the business of manufacture, marketing and distribution of ready to serve and ready to cook food products and food intermediates. The manufacturing unit of the assessee company is at Village Bhandgaon, Taluka Daund, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ntered into various international transactions with its associate enterprises and had applied different methods in respect of different international transactions. The assessee had sold goods worth ₹ 26.27 crores to its associate enterprises and had adopted TNMM method to benchmark its transactions with associate enterprises. The assessee had selected M/s. ADF Foods Ltd. as comparable company to benchmark its international transactions with associate enterprises. As per the assessee, its P .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l as of M/s. ADF Foods Ltd. considering the segmental data as per the Annual Report for the financial year 2007-08 and noted that for ready to serve products, the PLI worked out to 4.53% and similarly for processed and preserved foods, excluding the segment of traded goods, the PLI of M/s. ADF Foods Ltd. was worked out to 16.55%. The assessee was asked to show cause as to why the aforesaid comparable with its PLI be not taken for the purpose of benchmarking the international transactions pertain .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hedging its exposure to External Commercial Borrowings USD 13,00,000. The assessee explained that it had provided for losses on derivative instruments by making them to the market as on 31.03.2008 in order to comply with Accounting Standards-30 issued by Institute of Chartered Accountants of India. This provision was stated by the assessee not to be directly relating to the arm's length price of the international transactions with its associate enterprises and the same was to be reduced as a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

computing PLI. Another adjustment was on account of depreciation and it was pleaded that the same should not be included as part of operating cost to arrive at PLI of both the companies due to difference in capacity utilization and asset base of the companies. As per the assessee, after making the above said adjustment, the PLI of the assessee arrives at 14.28% and PLI of comparable M/s. ADF Foods Ltd. was arrived at 1.88% and therefore, the international transaction with associate enterprises .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

out at 3.8%, which was lower than the PLI of assessee company. The TPO noted that the Dispute Resolution Panel (DRP), Pune vide order passed under section 144C(5) of the Act relating to assessment year 2007-08, dated 20.05.2011 had directed to exclude the import licence fees of ₹ 4.54 crores from the segmental profit and proportionate unallocated expenses shown for working out PLI of comparables. However, the figure of segmental revenue of ₹ 86.97 crores was taken from Annual Report .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t be excluded from the expenses. Even in the case of comparable companies i.e. M/s. ADF Foods Ltd., there was derivative loss of ₹ 18.28 lakhs and the same was considered as part of operating expenses, while working out the PLI on segmental profit. 10. The next request of the assessee was to exclude bad debts of ₹ 18.64 lakhs and ₹ 2.17 lakhs as sundry balances written off from the operating expenses on the ground that the same relates to domestic sales, was also refused as the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

te details with regard to under-utilization of the capacity. The explanation of the assessee that there was no shifting of profit from India to foreign country on the ground that the associate enterprise had incurred losses or minor profit in the financial year was also brushed aside by the TPO on the ground that the TP proceedings were to verify as to whether international transaction undertaken by the assessee was at arm's length price or not. Regarding the additional comparables submitted .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

emained was M/s. ADF Foods Ltd., therefore, the segmental results were considered for benchmarking the arm's length price of international transaction, which was also done in the financial year 2007-08. In view thereof, the OP/TC of the assessee worked out at 4.53% was compared with the PLI of M/s. ADF Foods Ltd. at 16.55% and adjustment to the extent of ₹ 4.16 crores was proposed. Therefore, the assessee filed an application for rectification under section 154 of the Act, in which PLI .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

under section 143(3) r.w.s. 144C(3) of the Act proposing the addition on account of transfer pricing adjustment of ₹ 3.08 crores. The assessee filed its objections before the DRP, who in turn, gave certain directions. As per the first direction of the DRP, the Assessing Officer was directed to include Indo Nissin Foods as one of the comparables and the arithmetic mean of two comparables worked out to 11.78%. Further, the Assessing Officer was directed to revise the PLI after excluding the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tions of DRP and proposed to make the adjustment to the tune of ₹ 206.97 lakhs. The Assessing Officer while passing the order under section 143(3) r.w.s. 144C(13) of the Act, made an addition on account of transfer pricing adjustment of ₹ 206.97 lakhs. Another addition was made on account of disallowance of sundry balances written off to the tune of ₹ 1,99,000/-. 12. The assessee is in appeal against the order of Assessing Officer / DRP. 13. The issue raised vide ground of appe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e part of operating cost / expenses. As per the Assessing Offi cer, this was part of operating cost, but the claim of the assessee was that it related to loans and hence, not part of operating cost. He further pointed out that Schedule 11 was in relation to the operations of the assessee i.e. goods sold and hence, part of the operating profits. Our attention was drawn to the page 136 of the Paper Book and was pointed out that both the forward contracts gain and currency provision were taken into .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ue on the other hand, pointed out that under the Harbour Rules, specific list of items not to be excluded, is provided. It was further pointed out by the learned Departmental Representative for the Revenue that the TPO has given a finding that the comparable M/s. ADF Foods Ltd. had also considered the derivative losses while computing its PLI. 15. We have heard the rival contentions and perused the record. The case of the assessee before us is that certain items claimed as expenses are not to be .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the plea raised. Further, the assessee on its own motion in the statement of total income filed along with return of income, had added back ₹ 1.20 crores to the total income and the same was offered to tax. In view thereof, the assessee claimed that the provision for loss on derivative instruments was non-operating expenses. The issue arising before us is whether the derivative loss arising from the derivative contracts relatable to External Commercial Borrowings pertain to the entire bus .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

exchange fluctuation gain / loss relating to ECB has arisen before different Benches of Tribunal as relied upon by the learned Authorized Representative for the assessee and it has been held that the gain arising on account of foreign exchange fluctuation relating to ECB loan was a capital in nature since the loan was taken for acquisition of capital assets. The said proposition was laid down by Mumbai Bench of Tribunal in M/s. Teva India Pvt. Ltd. Vs. DCIT in ITA No.6107/Mum/2009 and DCIT Vs. M .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re, then the matter was remitted back to the TPO with a direction that only foreign exchange loss attributable to associate enterprise transactions should be considered and only that portion of loss which is operative in nature was to be included in the PLI calculations. Further, similar proposition was laid down in M/s. CISCO Systems (India) Pvt. Ltd. Vs. DCIT in S.P.No.130/Bang/2014 and IT(TP)A No.271/Bang/2014, relating to assessment year 2009-10, order dated 14.08.2014. The Delhi Bench of Tr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the present case, the perusal of manufacturing and other expenses under Schedule 13, schedule form part of the accounts for the year under consideration ending 31.03.2008 reflects that the assessee had claimed sum of ₹ 1,20,59,000/- on account of provision for loss on derivative contracts. In the Notes to Accounts, the assessee has explained that the company had taken ECB of ₹ 1.3 Millions from its associate enterprise for capacity expansion and modernization of existing manufacturi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

racts USD-INR for the purpose of hedging its exposure to foreign currency receivables: USD 33,50,000 (Previous Year : USD 13,13,969). ii) Currency swap contract USD-CHF for the purpose of hedging its exposure to External Commercial Borrowings: USD 13,00,000 (Previous Year : USD 13,00,000). iii) Currency options contracts USD-INR for the purpose of hedging its exposure to foreign currency receivables : USD 14,00,000 (Previous Year:Nil). 17. The claim of the assessee before us is that the said los .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is being claimed by the tested party and the concern picked up as comparable, then in case both the concerns are claiming the derivative losses, then the treatment of such claim of derivative loss should be at par. In case the same is considered as operating cost of the comparable while working out the PLI of segmental profit, then the same also should be considered in the hands of tested party. However, in the case of assessee before us, the assessee has not claimed the said provision of deriv .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

by Delhi Bench of Tribunal in Haworth (India) Pvt. Ltd. Vs. DCIT (supra). Accordingly, we direct the Assessing Officer / TPO to exclude derivative losses from the operating expenses of tested party i.e. the assessee before us and also from the operating expenses of comparable M/s. ADF Foods Ltd. while working out the PLI of both the concerns. The ground of appeal No.1 raised by the assessee is thus, allowed as indicated above. 18. Now, coming to the issue vide grounds of appeal No.2 and 3 i.e. c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ociate enterprise, the TPO had adopted results of entire segment of RTS and not the segment relating to the international transaction. 20. We find that similar issue arose before the Tribunal in assessee s own case relating to assessment year 2007-08 and the Tribunal vide order dated 10.06.2015 in ITA No.1682/PN/2011 vide para 37, held as under:- 37. So far as ground of appeal No.3 is concerned, it is the submission of the Ld. Counsel for the assessee that right segmental for applying TNM method .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the Tribunal in the case of Demag Cranes & Components (India) Pvt. Ltd. (Supra) where it has been held that TP adjustments are to be computed not considering the entity level sales rather it should be done ideally considering the relatable sales drawing the quantitative relationship to the imports from the AEs, i.e. controlled cost. The Mumbai Bench of the Tribunal in the case of Emersons Process Management India Pvt. Ltd., (Supra) has held that transfer pricing adjustment is to be made .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the AO/TPO with a direction to recompute the adjustment, if any, on the basis of material provided by the assessee. The Assessing Officer shall decide the issue afresh after affording reasonable opportunity of being heard to the assessee. We hold and direct accordingly. Grounds of appeal No. 3 by the assessee is accordingly allowed for statistical purposes. 21. The issue arising vide grounds of appeal No.2 and 3 is identical to the issue before the Tribunal in assessment year 2007-08 vide ground .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

all afford a reasonable opportunity of hearing to the assessee. The grounds of appeal No.2 and 3 raised by the assessee are thus, allowed for statistical purposes. 22. The issue raised vide ground of appeal No.4 is with regard to working of operating margins of comparable company M/s. ADF Foods Ltd. 23. The learned Authorized Representative for the assessee pointed out that the TPO in para 5 of its order notes that the margin of M/s. ADF Foods Ltd. is 12.88%, whereas the Assessing Officer in fin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l transaction of the assessee with its associate enterprises. The ground of appeal No.4 raised by the assessee is thus, allowed for statistical purposes. 24. The amended ground of appeal No.6, which is with regard to adjustment to be allowed on account of under-utilization of capacity. 25. Both the learned Authorized Representatives fairly agreed that this issue is also covered by the order of Tribunal in assessee s own case relating to assessment year 2007-08. The Tribunal vide paras 33 to 36 o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

power, repair etc. is less where capacity utilisation is low and this would lead to increased cost and lower profit. 34. We find some force in the above submission of the Ld. Counsel for the assessee. We find the Mumbai Bench of the Tribunal in the case of M/s. Fiat India Ltd. Vs. ACIT vide ITA No.1848/Mum/2009 order dated 30 -04-2010 for A.Y. 2004-05 at para 8 of the order has observed as under : 8. In ground No. 2, the Revenue has challenged the action of the Id. CIT(A) in allowing the adjust .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

was duly explained by it by furnishing the relevant facts and figures as well as by producing the supporting evidence wherever required. As rightly held by the Ld. CIT(A), the said submission made by the assessee is sufficient to demonstrate that there was a material difference in the facts of the assessee's case and that of the comparable cases in terms of capacity utilization as well as in other terms. Appropriate adjustments thus were required to be made to eliminate such differences and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as entirely futile. At the time of hearing before us, the Id. D.R. has not been able to raise any material contention to rebut/controvert the observations/finding recorded by the Ld. CIT(A) in his impugned order to arrive at the said conclusion. He has simply relied on the report of the transfer pricing officer in support of the Revenue's case. However, as pointed out by the Ld. Counsel for the assessee from the copies of relevant reports, the TPO himself has allowed similar adjustments made .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assessee company with its associated concerns during the year under consideration were at arms length requiring no adjustment/addition on this issue. The impugned order of the Ld. CIT(A) on this issue is therefore upheld dismissing ground No. 2 of Revenue's appeal. (underline given by us) 35. We find following the above decision the Pune Bench of the Tribunal in the case of Ariston Thermo India Ltd. (Supra) has also agreed in principle the adjustment on account of low capacity utilisation an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on capacity, it has suffered operating losses during the year. On the other hand, the net profit margin of the assessee has been benchmarked against comparables cases, who are established entities and have started businesses many years ago. In our considered opinion, the case made out by the assessee is based on economic and commercial reasons. The assessee is a unit which has been set-up during the year and its capacity utilization is only 21%, which has resulted in losses, while its profit mar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sions of rule 10B(1)(e) of the Rules. The method adopted by the assessee for benchmarking its international transaction is the TNM method and rule 10B(1)(e) of the Rules prescribes the manner in which the same is to be applied. As per the Revenue, in sub-clause (iii) adjustments to the net profit margin are permissible but it is only in relation to the net profit margins of the comparable uncontrolled transactions and not with respect to the margin of the tested party and thus the claim of the a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. of the comparable uncontrolled transactions so as to take into account the difference, if any between the international transaction of the tested party and the comparable uncontrolled transactions. The plea of the Revenue, in our view, is misdirected for the reason that the net profit margin of the tested party referred to in sub-clause (i) has not been defined in a manner as is being understood by the Revenue. As per the Revenue the net profit margin of the tested party as stated in sub-claus .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is to examine as to whether or not the values stated for the international transactions are at an arm s length price i.e. whether the price charged is comparable to an uncontrolled transaction of similar nature. Therefore, the adoption of the net profit margin of the tested party has to be made keeping in mind its objective, i.e. to facilitate its comparison with other uncontrolled comparable entities/transactions. Therefore, keeping in mind the aforesaid objective, the net profit margin of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uncontrolled transactions more meaningful. In-fact, Pune Bench of the Tribunal in the case of Egain Communication (P.) Ltd. (supra) in para 36 of the order opined that depending on the facts and circumstances of a case, it may be appropriate to adjust the operating profit of the tested party as well as of the comparable parties. To the similar effect is the decision of the Mumbai Bench of the Tribunal in the case of M/s Fiat India Pvt. Ltd. (supra). In fact, in the case of Amdocs Business Servi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tment to the profit margin of the tested party is not permissible. We have perused the said decision. In the case before the Delhi Bench of the Tribunal, assessee had computed its margin after claiming adjustment for capacity utilization. The assessee had adopted the TNM method for the purpose of computing its ALP. The assessee had claimed that capacity utilization of comparables was to the extent of 70%, which was an assumption made due to non-availability of the required details of the compara .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

al came to conclude that the assessee did not furnish sufficient evidence with regard to the capacity utilization of the comparable cases. The Tribunal held that assessee was not entitled to seek adjustment on account of capacity utilization because of its failure to furnish credible and accurate information in this regard. In conclusion, the Tribunal specifically noted that because of the aforesaid failure of the assessee, the precedents cited by the assessee by way of the decisions of the Trib .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in principle, based on the precedents cited above. Thus, the decision in the case of Haworth (India) P. Ltd. (supra) does not help the Revenue, and the reliance by the CIT(DR) is misplaced. Therefore, in our view, having regard to the precedents and the aforesaid discussion, in the present case assessee has to succeed in principle for adjustment on account of lower capacity utilization, and the loss suffered on account of unabsorbed fixed operating costs incurred in the initial year. The aforesa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ities had no occasion to examine the plea of the assessee on merits. No doubt, the aforesaid aspect spring up only after the plea of the assessee is accepted in principle and the same was not so done by the authorities below. The learned counsel for the assessee pointed out to page 97 of the Paper Book wherein is placed the financial statement of a comparable concern, M/s Khaitan Electricals Limited for the financial year 2005-06 to point out that the information regarding the Installed capacity .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the plea of the assessee in principle, while the same has been accepted by us. Therefore, in order to allow an appropriate adjustment, necessary verification on the basis of the material to be furnished by the assessee, deserves to be carried out by the Assessing Officer. Therefore, while upholding the plea of the assessee, we restore the matter back to the file of the Assessing Officer who shall allow the assessee a reasonable opportunity to make submissions and produce relevant material in su .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

consider the appropriate adjustment after necessary verification on the basis of material supplied by the assessee. The Assessing Officer shall recompute such adjustment after giving due opportunity of being heard to the assessee. Ground of appeal No.2 by the assessee is accordingly allowed for statistical purposes. 26. The Tribunal has remitted the issue back to the file of Assessing Officer / TPO to work out appropriate adjustment to be allowed to the assessee after necessary verification. The .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ised the issue of computation of PLI i.e. operating margins / operating expenses of the assessee with the submission that non-operating expenses i.e. interest on finance cost should be excluded while computing PLI. 28. The learned Authorized Representative for the assessee pointed out that the facts in this regard were before both the TPO and DRP and such an adjustment was asked for. However, the same has not been allowed to the assessee. The learned Authorized Representative for the assessee po .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version