2016 (8) TMI 1160 - AT - Income Tax

Tribunal directs reassessment of Arm's Length Price and deems credit period with Associated Enterprises reasonable.

Oakton Global Technology Services Centre (India) Pvt. Ltd. Versus Asst. Commissioner of Income-tax, Circle – 16 (2), Hyderabad

Oakton Global Technology Services Centre (India) Pvt. Ltd. Versus Asst. Commissioner of Income-tax, Circle – 16 (2), Hyderabad - TMI Issues Involved:1. Selection of comparables for Transfer Pricing analysis.2. Imputation of interest on receivables from Associated Enterprises (AEs).Detailed Analysis:1. Selection of Comparables for Transfer Pricing Analysis:Issue:The assessee objected to the selection of certain companies as comparables by the Transfer Pricing Officer (TPO). Specifically, the companies in question were E Infochips Bangalore Ltd., KALS Information Systems Ltd., and Tata Elxsi Ltd. (Seg.).Analysis:- E Infochips Bangalore Ltd.:The assessee argued that this company is functionally different and lacks segmental information. The ITAT had previously rejected this company as a comparable in several cases, including Pegasystems Worldwide India Pvt. Ltd., CNO IT Services (India) Pvt. Ltd., and Allscripts (India) Pvt. Ltd. The Tribunal found that this company is engaged in both software development and ITES, and segmental information is not available. As a result, it was concluded that this company should be excluded from the list of comparables.- KALS Information Systems Ltd.:The assessee contended that this company is functionally different as it deals with software products. The ITAT had rejected this company in cases like Pegasystems Worldwide India Pvt. Ltd., CNO IT Services (India) Pvt. Ltd., and Planet Online Pvt. Ltd. The Tribunal noted that this company is engaged in the development of software and software products, and its inventory indicates the use of readymade libraries for sales. Consequently, the Tribunal directed the exclusion of this company from the list of comparables.- Tata Elxsi Ltd. (Seg.):The assessee argued that this company's business is of a complex nature, functionally different, and lacks segmental information. The ITAT had rejected this company in cases such as Pegasystems Worldwide India Pvt. Ltd., CNO IT Services (India) Pvt. Ltd., and Planet Online Pvt. Ltd. The Tribunal found that this company is engaged in multiple segments, and the segmental information necessary for comparability is not available. Therefore, the Tribunal directed the exclusion of this company from the list of comparables.Conclusion:The Tribunal directed the Assessing Officer (AO) and TPO to determine the Arm's Length Price (ALP) excluding the aforementioned companies from the list of comparables. If the price charged by the assessee for its international transactions is found to be within the arm's length, no adjustment is required.2. Imputation of Interest on Receivables from AEs:Issue:The TPO proposed to charge interest on the amount receivable from AEs, assuming a credit period of 30 days and an interest rate of 12% per annum. The assessee contested this imputation, arguing that the receivables from AEs are on account of services rendered and do not fall within the definition of international transactions.Analysis:- The TPO observed that the assessee received payments after the unspecified credit period and proposed to charge interest at 12% per annum after allowing a credit period of 30 days. The Dispute Resolution Panel (DRP) provided partial relief by directing the TPO to adopt LIBOR + 250 basis points instead of 12%.- The assessee argued that it is a captive developer, fully funded by the AE for all working capital requirements, and the business operates based on mutual agreements. The assessee also provided a working of the average Debtors ratio of 18 companies, which was 112 days, whereas the assessee's ratio was 79 days, significantly below the industry average.Conclusion:The Tribunal concluded that the credit period extended by the assessee to its AE is reasonable, particularly when there is no benchmark available. The Tribunal allowed the ground in favor of the assessee, stating that the revenue authorities cannot presume terms of payment without any written agreement or industry benchmark.Final Judgment:The appeal of the assessee was partly allowed for statistical purposes. The Tribunal directed the AO/TPO to rework the ALP determination, excluding the disputed comparables, and to consider the reasonable credit period extended by the assessee to its AE.