2018 (7) TMI 476 - HC - Income Tax

High Court Upholds Tribunal's Transfer Pricing Order, Emphasizes Analysis of Comparables

Pr. Commissioner Of Income Tax-7 And Assistant Commissioner Of Income Tax Circle-12 [4] Versus M/s Thomson Reuters India Services Pvt Ltd., [Formerly Thomson Corporation (International) Pvt. Ltd.,]

The High Court dismissed the Revenue's appeal challenging the Tribunal's order on Transfer Pricing issues, emphasizing the need for a thorough analysis of ... TPA - Comparable 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. Appeal filed by Revenue challenging the Order of the Income Tax Appellate Tribunal.2. Substantial questions of law raised by Revenue regarding Transfer Pricing study and comparability of companies.Analysis:Issue 1: Appeal by RevenueThe appeal was filed by the Revenue challenging the Order of the Income Tax Appellate Tribunal, Bangalore Bench 'B', related to the Assessment Year 2004-05. The Revenue raised substantial questions of law regarding the Transfer Pricing study conducted by the Tribunal.Issue 2: Substantial Questions of LawThe Revenue framed two substantial questions of law in the Memorandum of Appeal. The first question pertained to the Tribunal's decision on the comparability of certain companies with the assessee company. The Tribunal had used a narrower functionality filter than the Transfer Pricing Officer (TPO) and did not test other comparables against this filter. The second question was about the Tribunal's decision not to set aside the matter to the TPO for a fresh Transfer Pricing study after adopting a new view on the functional matrix.The Tribunal, after considering the arguments of both parties, found that one of the companies in question could not be excluded outright. The Tribunal highlighted the inter-relation between the software development and IT Enabled Services of the assessee, emphasizing the need for a re-examination of the comparability of the company by the TPO. The Tribunal set aside the TPO's order and directed a fresh analysis of the comparability.In a similar case previously decided by the Court, it was observed that unless the Tribunal's finding is ex facie perverse, an appeal under Section 260-A of the Act is not maintainable. The Court emphasized that questions related to comparables and filters for Transfer Pricing do not generally give rise to substantial questions of law. The Court dismissed the Revenue's appeals, stating that dissatisfaction with the Tribunal's findings is not sufficient to invoke Section 260-A.After hearing both sides, the Court concluded that no substantial question of law arose in the present case. Consequently, the Appeal filed by the Revenue was dismissed with no costs.In conclusion, the High Court dismissed the Revenue's appeal challenging the Tribunal's order on Transfer Pricing issues, emphasizing the need for a thorough analysis of comparables and functional matrices in Transfer Pricing studies.