2018 (7) TMI 1914 - HC - Income Tax

Revenue's Appeal Dismissed: No Substantial Legal Questions

THE PR. COMMISSIONER OF INCOME TAX, CIT (A), BENGALURU AND THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11 (2), BENGALURU Versus M/s. CITRIX R AND D INDIA PVT. LTD.

The court dismissed the appeal by the Revenue, emphasizing that no substantial question of law arose for consideration in the case. The judgment ... Deduction u/s.10A - deduction of expenditure incurred for 'Export Turn Over' - HELD THAT:- Deduction of expenditure incurred for 'Export Turn Over' is also required to be deducted from 'Total Turn Over' for the purpose of computing the deduction u/s.10A of the Act, the controversy is no longer res integra and is covered by the decision of the Division Bench of this Court in the case of Tata Elxsi Ltd. [2011 (8) TMI 782 - KARNATAKA HIGH COURT] as confirmed by HCL TECHNOLOGIES LTD. [2018 (5) TMI 357 - SUPREME COURT] wherein held what is excluded from 'export turnover' must also be excluded from 'total turnover', since one of the components of 'total turnover' is export turnover. Any other interpretation would run counter to the legislative intent and would be impermissible. Maintainability of appeal u/s 260A - existence of substantial question of law - excluding comparables namely, Bodhtee Consulting Ltd, Tata Elxsi Ltd and Infosys Technology Ltd on the ground of functional dissimilarity - Tribunal directing TPO to give working capital adjustment considering the comparables after exclusion of the three companies - HELD THAT:- As decided in M/S. SOFTBRANDS INDIA P. LTD. [2018 (6) TMI 1327 - KARNATAKA HIGH COURT] unless the finding of the Tribunal is found ex facie perverse, the Appeal u/s. 260-A of the Act, is not maintainable. The appeals of the present tenor as to whether the comparables have been rightly picked up or not, Filters for arriving at the correct list of comparables have been rightly applied or not, do not in our considered opinion, give rise to any substantial question of law.- Decided against revenue Issues:1. Interpretation of deduction of expenditure for 'Export Turn Over' from 'Total Turn Over' for computing deduction u/s.10A of the Income Tax Act.2. Exclusion of comparables for Transfer Pricing adjustments.3. Working capital adjustment for comparables in Transfer Pricing analysis.Analysis:Issue 1:The appeal raised the question of whether expenses incurred in foreign currency and other expenses excluded from ETO should also be reduced from the total turnover for computing the deduction under section 10A. The court referred to the decision in the case of Tata Elxsi Ltd. v. Asstt. CIT and HCL Technologies Ltd. The court held that expenses excluded from export turnover must also be excluded from total turnover, as one of the components of total turnover is export turnover. The judgment emphasized that any other interpretation would go against legislative intent and be impermissible. The court cited the Supreme Court's reasoning that deductions on certain expenses must be allowed from total turnover in the same proportion as from export turnover.Issue 2:Regarding the exclusion of comparables for Transfer Pricing adjustments, the Tribunal excluded companies like Bodhtree Consulting Ltd, Tata Elxsi Ltd, and Infosys Tech. Ltd. The Tribunal reasoned that functional dissimilarity justified the exclusion, even without a detailed FAR analysis. The Tribunal also directed the TPO to consider working capital adjustment based on comparable companies after excluding the three mentioned companies. The court upheld the Tribunal's decision and found no reason to interfere with the exclusion of these comparables.Issue 3:The court addressed the working capital adjustment issue, stating that the AO cannot impose an artificial limitation on the actual working capital adjustment ratio derived from comparable companies. The court agreed with the Tribunal's decision to consider working capital adjustment after excluding certain companies from the comparables list. The court referred to a previous judgment highlighting that the Tribunal's findings on comparables and adjustments do not necessarily give rise to substantial questions of law under Section 260-A of the Act.In conclusion, the court dismissed the appeal by the Revenue, stating that no substantial question of law arose for consideration in the case. The court emphasized that dissatisfaction with Tribunal findings alone is not sufficient to invoke Section 260-A of the Act. The judgment highlighted the importance of fair and quick judicial decisions in international trade cases and clarified the criteria for raising substantial questions of law in such matters.