2021 (6) TMI 1087 - AT - Income Tax

Tribunal Overturns Interest Adjustment, Emphasizes International Benchmarks

The Tribunal allowed the assessee's appeal, directing the deletion of the arm's length price adjustment of interest on receivables involving overseas ... TP Adjustment - Arm’s length price ‘ALP’ adjustment qua interest on receivables involving its overseas Associated Enterprises ‘AEs’ - CIT-DR’s contention that the TPO as well as the CIT(A) have rightly treated the foregoing bench mark as per the short term deposit rate in the State Bank of India and therefore, the same deserves to be upheld - HELD THAT:- We find no merit in Revenue’s instant argument since such a short term deposit cannot be taken at par with an international transaction u/s.92B of the Act as the latter involves foreign currency and overseas market conditions. In addition to this, learned lower authorities have also not adopted any comparable transaction in the very segment as well so as to come to the conclusion that the assessee’s receivables in case of overseas AEs involved more than the market practice of reasonable time period. We keep in mind all these clinching aspects and direct the TPO to delete the impugned ‘ALP’ adjustment in issue. The assessee’s sole substantive ground to this effect stands accepted in the above terms. Issues Involved:Appeal against CIT(A)-6, Hyderabad's order involving proceedings u/s.143(3) r.w.s.92CA(3) of the Income Tax Act, 1961 challenging arm's length price adjustment of interest on receivables involving overseas Associated Enterprises.Analysis:Issue 1: Arm's Length Price AdjustmentThe appeal challenges the correctness of the arm's length price (ALP) adjustment of interest on receivables involving overseas Associated Enterprises (AEs). The lower authorities made an ALP adjustment of &8377; 75,60,985, which the assessee contested. The Tribunal found that the adjustment was not made based on the LIBOR rate applicable to international transactions but on State Bank of India's prime lending rate, which was not appropriate. The TPO and CIT(A) were criticized for using the short term deposit rate as a benchmark, as it does not reflect international market conditions. The Tribunal directed the TPO to delete the ALP adjustment, as it was not in line with the market practice for overseas transactions involving foreign currency.Issue 2: Comparable TransactionsThe Revenue argued that the benchmark used by the TPO and CIT(A) was appropriate, but the Tribunal disagreed. It noted that no comparable transaction was adopted in the segment to justify the adjustment made by the authorities. The Tribunal emphasized that international transactions involve foreign currency and overseas market conditions, which cannot be equated with short term deposit rates. The lack of a comparable transaction further weakened the Revenue's argument, leading to the decision to delete the ALP adjustment.Judicial PrecedentsThe Tribunal relied on decisions of co-ordinate benches, including Progress Software Development Private Limited, Valuemomentum Software Services Private Limited, Open Text Corporation India Private Limited, and Hexagon Capability Center India Private Limited, to support its decision in favor of the assessee. These precedents reinforced the Tribunal's stance on the inappropriateness of using short term deposit rates as benchmarks for international transactions.In conclusion, the Tribunal allowed the assessee's appeal, directing the deletion of the ALP adjustment of interest on receivables involving overseas AEs. The order was pronounced in open court on 18th June 2021.