2013 (5) TMI 277 - HC - Income Tax

High Court Upholds ITAT Decision on International Transactions vs. Domestic Agreements

The High Court dismissed the revenue's appeal, upholding the Income Tax Appellate Tribunal's decision. It clarified that installation and maintenance ... Manner of computation of profit level indicator - Transfer pricing adjustment - Tribunal held that installation/commissioning and maintenance services were not part of the international transactions & since the profit level indicator shown by the assessee was 18.98% inasmuch as the profit level indicator of the comparables determined by the TPO was at 16.34%, which was lower there was no need for any adjustment in the arm’s length prices Held that:- It is evident that the transactions pertaining to the installation/commissioning and maintenance services were not international transactions as contemplated under section 92B(1)& 92B(2) because none of the conditions stipulated therein of a prior agreement existing between the customers of the respondent/assessee and the associated enterparises have been established as a fact. Moreover, there is no finding that the terms of the transaction of installation/commissining as well as maintenance had been determined in substance between the customers and the respondent/assessee by the associated enterprise. In the absence of such findings, it cannot be deemed that the transaction of installation/commissioning as well as provision of maintenance services by the respondent to its domestic customers in India were international transactions falling within section 92B(2) of the said Act. No substantial question of law arises for the consideration of this court. Issues involved:1. Computation of profit level indicator for determining arm's length price of international transactions.2. Whether installation and maintenance services are international transactions.3. Correctness of adjustments made by the Transfer Pricing Officer.Issue 1: Computation of profit level indicatorThe appeal was filed by the revenue challenging the order of the Income Tax Appellate Tribunal regarding the computation of the profit level indicator for determining the arm's length price of international transactions. The Transfer Pricing Officer adopted the Transactional Net Margin Method (TNMM) and included operating revenue and costs of various activities, not limited to international transactions, to compute the profit level indicator.Issue 2: International nature of installation and maintenance servicesThe respondent, a subsidiary of a US corporation, engaged in installation, commissioning, and maintenance of microwave link equipment. The revenue argued that these services were connected to international transactions, but the Tribunal found them to be independent domestic agreements. The Tribunal noted that only a few customers availed installation services from the respondent's associated enterprise, indicating a lack of international nature in these transactions.Issue 3: Correctness of adjustmentsThe Transfer Pricing Officer made adjustments to the arm's length price of international transactions related to warranty services and commission income. However, the Tribunal found no need for adjustments as the profit level indicator of the respondent on these transactions was higher than that of comparables. The Tribunal concluded that the installation and maintenance services were not international transactions under the Income Tax Act, and no substantial question of law arose for consideration.In summary, the High Court dismissed the appeal by the revenue, upholding the Tribunal's decision. The judgment clarified the distinction between international and domestic transactions, emphasizing that installation and maintenance services were not deemed international transactions. The correctness of adjustments made by the Transfer Pricing Officer was also analyzed, with the Tribunal finding no grounds for further adjustments based on the profit level indicators of the comparables.