2015 (7) TMI 1288 - AT - Income Tax

Tribunal rules LIBOR rate as Arms Length Price for interest, rejects SBI Prime Lending Rate.

M/s. Firestar International Pvt. Ltd. Versus Asstt. Commissioner of Income Tax, Central Cir. 6 (4), Mumbai

The Tribunal partially allowed the appeal by the assessee, directing the deletion of the addition made by the Assessing Officer concerning the ... Addition on account of determination of Arms Length Price (ALP) of the interest charged from its Associated Enterprise(AE) - computation of income arising from an international transaction entered into by the assessee with its Associated Enterprise - assessee company had charged interest from its AE @ LIBOR + 300 bps - Held that:- The interest rates payable on currency specific loans were found to be significantly universal and globally applicable. Since the loan in question before the in foreign currency i.e. US $ and it was also to be repaid in the same currency, the interest rate applicable to the rupee loans would not be a relevant comparable. Therefore, the PLR applied by the TPO was found to be untenable. Following the ratio of the decision Hon’ble Delhi High Court in the case of Cotton Naturals Ltd. (2015 (3) TMI 1031 - DELHI HIGH COURT), in the present case we find no reason to uphold the application of SBL PLR on rupee loan as a benchmark to compare the interest rate on loan advanced by the assessee to its Associated Enterprise in foreign currency. As the loan in the instant case has also been given in foreign currency i.e. US $, therefore, we find no infirmity in the assertions of the assessee that the interest rate charged at LIBOR + 300 bps is liable to be considered as an Arm’s Length rate of interest. As a consequence no further transfer pricing adjustment is required to be made in order to compute the Arm’s Length Price of the interest earned by the assessee on loan advanced to its Associated Enterprise i.e. Synergy Corpn. USA. Therefore, the addition made by the AO is directed to be deleted - decided in favour of assessee Issues:1. Dispute over determination of Arms Length Price (ALP) of interest charged from Associated Enterprise (AE).2. Applicability of LIBOR rate as Arms Length rate of interest.3. Comparison of interest rates for loans in foreign currency.4. Consideration of market determined interest rate for foreign currency loans.5. Non-grant of credit for tax deducted at source.Analysis:1. The appeal concerns the addition of &8377; 2,71,83,716/- by the Assessing Officer (AO) on account of determining the ALP of interest charged by the assessee from its Associated Enterprise (AE). The AO applied the State Bank of India Prime Lending Rate for domestic loans, resulting in the addition to the assessee's income.2. The primary dispute revolves around whether the interest charged by the assessee at LIBOR + 300 bps is an Arms Length rate of interest. The assessee argued that this rate is appropriate and relied on the judgment of the Delhi High Court in a similar case to support their contention. The Tribunal found the LIBOR rate to be acceptable as an Arms Length rate, thereby directing the deletion of the addition made by the AO.3. The Tribunal analyzed the issue of interest rates for loans in foreign currency, emphasizing the importance of considering market-determined rates for such transactions. The judgment highlighted that the interest rate should be based on the currency in which the loan is to be repaid, rather than the currency or legal tender of the parties' residence. In this case, as the loan was in US dollars and to be repaid in the same currency, the Tribunal deemed the LIBOR rate appropriate.4. Following the precedent set by the Delhi High Court, the Tribunal rejected the application of the State Bank of India Prime Lending Rate as a benchmark for comparing interest rates on foreign currency loans. The Tribunal upheld the assessee's argument that the LIBOR + 300 bps rate was sufficient as an Arms Length rate, eliminating the need for further transfer pricing adjustments.5. The issue of non-granting credit for tax deducted at source amounting to &8377; 7,38,28,862/- was raised but not pressed by the parties. Consequently, this issue was dismissed by the Tribunal.In conclusion, the Tribunal partially allowed the appeal by the assessee, directing the deletion of the addition made by the AO concerning the determination of ALP of interest charged from the Associated Enterprise. The judgment emphasized the relevance of market-determined interest rates for foreign currency transactions and upheld the LIBOR rate as an Arms Length rate in this case.