2018 (7) TMI 473 - HC - Income Tax

High Court Affirms Tribunal's Decision on Transfer Pricing, Expenses Reduction, and Standard Deduction

Principal Commissioner of Income Tax And The Income Tax officer Ward 12 (1) Versus M/s McAfee Software (India) Pvt. LTd.

The High Court upheld the Tribunal's decision in the case, affirming the reduction of expenses from both export turnover and total turnover to avoid ... TPA - exclude the expenditure in foreign currency from the export turnover and the total turnover for provision in section 10A - searching for comparable companies - substantial question of law - Held that:- This Court in Prl.Commissioner of Income Tax & Anr. Vs. M/s.Softbrands India Pvt. Ltd. (2018 (6) TMI 1327 - KARNATAKA HIGH COURT ) has held that in these type of findings of the learned Tribunal remained final fact findings of the learned Tribunal and are binding on the lower authorities of the Department as well as this Court and unless an established ex-facie perversity is found in the findings of the learned Tribunal, the appeal u/s.260A of the Act is not maintainable. Issues Involved:1. Reduction of expenses from export turnover and total turnover under Section 10A.2. Exclusion of certain companies as comparables by the Tribunal in Transfer Pricing.3. Standard deduction of +/- 5% as per Section 92C(2).Issue-wise Detailed Analysis:1. Reduction of Expenses from Export Turnover and Total Turnover:The first issue revolves around whether the Tribunal was correct in directing the assessing authority to reduce expenses from both export turnover and total turnover. The High Court referred to its decision in the case of M/s. Tata Elxsi Ltd. vs. Assistant Commissioner of Income Tax, which was affirmed by the Supreme Court in Commissioner of Income-tax, Central – III vs. HCL Technologies Ltd. The Court emphasized that what is excluded from 'export turnover' must also be excluded from 'total turnover' to avoid an illogical and unjust result. The Court cited the Supreme Court's observation that excluding expenses only from export turnover but not from total turnover would lead to an unworkable and absurd formula, thereby causing grave injustice to the taxpayer.2. Exclusion of Certain Companies as Comparables:The second issue pertains to the Tribunal's exclusion of certain companies as comparables in Transfer Pricing analysis. The Tribunal excluded companies like Infosys Technologies Ltd., Exensys Software Solutions Ltd., and others based on functional dissimilarity, extraordinary events, and non-reliability of financial data. The Tribunal's detailed analysis included:- Infosys Technologies Ltd.: Excluded due to functional dissimilarity, high turnover, and brand name.- Exensys Software Solutions Ltd.: Excluded due to extraordinary profits from amalgamation.- Bodhtree Consulting Ltd.: Excluded due to related party transactions exceeding 25% and functional dissimilarity.- Lanco Global Systems Ltd.: Retained despite objections, as low profit margin alone is not a valid exclusion criterion.- Sankhya Infotech Ltd., Thirdware Solution Ltd., Tata Elxsi Ltd.: Excluded based on functional dissimilarity.- Four Soft Ltd.: Excluded as it derived income from software licenses and AMCs, making it functionally dissimilar.- Geometric Software Solutions Company Ltd.: Excluded due to product development and lack of segmental profit data.- Igate Global Solutions Ltd. & L & T Infotech: Retained as their turnover was within an acceptable range.The High Court upheld the Tribunal's findings, noting that these decisions were consistent with various Co-ordinate Bench decisions and did not raise substantial questions of law.3. Standard Deduction of +/- 5% as per Section 92C(2):The third issue concerns the Tribunal's confirmation of the CIT (A)'s order allowing a standard deduction of +/- 5% under Section 92C(2). The Tribunal noted that the Finance Act, 2014's explanation, effective from 01-04-2015, specifies that the second proviso applies to assessments pending as of 01-10-2009. Since the present proceedings concluded before that date, the pre-amended proviso permitting the standard deduction was applicable. The High Court referred to its recent judgment in Pr. Commissioner of Income Tax, Bangalore and Another vs. M/s. Softbrands India P. Ltd., which held that unless there is an ex-facie perversity in the Tribunal's findings, appeals under Section 260-A are not maintainable. The Court emphasized that issues regarding comparables and filters do not constitute substantial questions of law.Conclusion:Having reviewed the arguments, the High Court found no substantial question of law in the present case. Consequently, the appeal filed by the Revenue was dismissed with no order as to costs.