2018 (7) TMI 475 - HC - Income Tax

Court dismisses Revenue's appeal on comparability analysis under Transaction Net Margin Method. Emphasizes need for substantial legal questions.

Pr. Commissioner Of Income Tax-IV And The Assistant Commissioner of Income Tax, Circle-12 (1) Versus M/s. Mercedes-Benz Research & Development India Pvt. Ltd.

The appeal filed by the Revenue challenging comparability analysis under the Transaction Net Margin Method was dismissed by the Court. The Court ... TPA - comparable companies selection - 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:1. Substantial questions of law raised by the appellants - Revenue regarding comparability analysis under Transaction Net Margin Method.2. Imposition of conditions beyond the law in comparability analysis.3. Determination of Arms Length Price as an art and not exact science.4. Demanding comparability standards defeating the purpose of law.5. Exclusion of certain companies as comparables without giving opportunity to the TPO.6. Exclusion of companies as comparables based on functional differences.Analysis:1. The appellants - Revenue raised substantial questions of law regarding comparability analysis under the Transaction Net Margin Method. The Tribunal's justification for seeking extract comparability instead of similar comparables was questioned. The Tribunal's approach in seeking comparable companies was challenged, emphasizing the requirement of law and international jurisprudence.2. The Tribunal was accused of imposing conditions beyond the law in the comparability analysis. The appellants argued that the law only requires acknowledging differences likely to materially affect the margin, questioning the Tribunal's decision in this regard.3. The Tribunal's failure to acknowledge that determining Arms Length Price through comparability analysis is an art and not an exact science was contested. The appellants argued that the Tribunal should have recognized the inherent variability in comparing companies due to their unique characteristics.4. The Tribunal was criticized for demanding comparability standards that could defeat the purpose of the law relating to the determination of Arms Length Price under the Income Tax Act. The appellants raised concerns about the impact of such standards on the effectiveness of the law.5. The Tribunal's decision to exclude certain companies as comparables without giving the TPO an opportunity to assess other comparables based on new criteria was challenged. The appellants questioned the fairness of excluding companies without proper evaluation.6. The exclusion of companies such as Avani Cincom Technologies, Celestial Biolabs, and others as comparables based on functional differences was disputed. The appellants argued that these companies satisfied all required tests and should not have been excluded solely on the basis of functional differences.In a recent judgment, the Court highlighted that appeals challenging comparables selection do not necessarily raise substantial questions of law unless there is an ex-facie perversity in the Tribunal's findings. The Court emphasized the need for substantial questions related to interpretations of laws or treaties, rather than comparability issues. As no substantial question of law was found in the present case, the appeal filed by the Revenue was dismissed. The Court clarified that dissatisfaction with Tribunal findings alone is not sufficient to invoke Section 260-A of the Act.