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TMI Blog2021 (12) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... f reads as follows: S.No A.Y & ITA No Order under challenge Proceedings u/s 1 2011-12 149/Hyd/2017 Dy.CIT Circle 16(2) vs. Maanaveeya Dev. & Finance Private Ltd 143(3) r.w.s 92CA (3) 2 2011-12 134/Hyd/2017 Maanaveeya Dev. & Finance Private Ltd vs. ACIT, Circle 16(2) -do- 3 2012-13 565/Hyd/2017 Maanaveeya Dev. & Finance Private Ltd vs. DCIT, Circle 16(2) 143(3) r.w.s 92CA (3) rws 144C(5) 4 2013-14 1507/Hyd/2018 -do- 143(3) rws 92CA 5 2013-14 1506/Hyd/2018 Dy.CIT Circle 16(2) vs. Maanaveeya Dev. & Finance Private Ltd -do- 6 2014-15 1811/Hyd/2018 -do- 143(3)rws 92CA3 7 2014-15 1582/Hyd/2018 Maanaveeya Dev. & Finance Private Ltd vs. DCIT, Circle 16(2) -do- 8 2014-15 1682/Hyd/2018 -do- -do- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding rate at the relevant point of time. He has also filed various paper books regarding all the relevant facts of the interest paid @ 11% to AE, corresponding varying exchange fluctuation details and payments, safe harbour rules regarding payment of interest in domestic currency as well as catena of case law that it is not "LIBOR" but domestic interest rates only which had been rightly adopted by the assessee as an interest benchmark for making payment to the overseas AE. 4. The Revenue has placed strong reliance on the TPO's respective orders. 5. We find no merit in assessee's stand. We make it clear first of all that it was very much imperative for the assessee to place on record that all the corresponding CCDs relevant scheme throwin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reciated the fact that the interest paid on Compulsory Convertible Debentures (CCOs) by the Assessee @11% is lower than the normal rate of interest which the appellant company is paying on the other loans borrowed, in Indian rupees and thereby complying with arm's length principle. 5. Any other ground that may be urged at the time of hearing with the previous approval of the Hon'ble Members of the Dispute Resolution Panel. Out of the above grounds, grounds 1 & 5 are general and require no specific directions. Grounds 2, 3 & 4 are 011 the adjustment made by the TPO to the interest rate in respect of loan borrowed by appellant company from its AE. The directions on the same are issued as under: The assessee company is a non-ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred by the assessee company on CCO of Okio credit is considered at ALP under CUP, This was not accepted by the TPO who relying on the following decisions of the Hon'ble ITAT in the cases of Foursoft Ltd, Market Tools, Or Reddy laboratories held that UBOR is appropriate for benchmarking of ALP. The assessee submitted the case laws cited by the TPQ, in these cases the issues was that the Associated Enterprises have availed loans from the Indian company and in our case it is the reverse i.e. the company has availed a loan from the holding company in the form of CCDs and are paying interest to them. Hence it was submitted that where the transaction is of borrowing money in Indian currency from Indian subsidiaries the comparable transacti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or payable also was in INR. * In the case of Cotton Naturals, the issue therein was arms and interest rates for loan advanced to foreign subsidiary by Indian company. The assessee itself had submitted that its case is of receipt of loan from its holding company. Hence, the facts cited in the present case referred to above is not applicable to the facts of assessee's case by its own admission. * The decision of the Hon'ble High Court of Bombay in the case of Tata Autocomp Systems does not come to the rescue of the assessee as the facts in this case is again, the assessee advanced loans to its AE in Germany. Assessee itself had admitted in its case it was a receipt of loan from its holding company, hence the facts are completely d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and payment at (d), it is stated that the assessee is agreed to pay at an interest of 11 %. The basis for the same is not furnished nor substantiated, The relevant page as discussed above is enclosed as Annexure A to this order. In view of the foregoing discussions, in view of the facts that the monies were received in Euros. tile basis for payment of interest at the rate of 11 % is not substantiated, we agree with the view of the TPO as given in para 7.4 of the order to adopt L1BR Plus 200 basis points for computation of Arm's Length interest. The same is upheld and the objections rejected". 6. Learned counsel has quoted a catena of case law regarding adoption of interest rate going by currency involved in the international transacti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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