2018 (7) TMI 477 - HC - Income Tax

Court affirms Tribunal on royalty payments, rejects NIL price, integrates segments for Arm's Length Price

The Commissioner Of Income Tax And The Deputy Commissioner Of Income Tax Versus M/s Toyota Kirloskar Motors Pvt. Ltd.

The Court upheld the Tribunal's decision regarding royalty payments to associated enterprises, emphasizing the need for proper assessment methods and ... 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. Whether the Tribunal was correct in confirming the direction of the DRP regarding royalty payment to associated enterprisesRs.2. Whether the Tribunal was correct in setting aside the TPO finding treating Trading and Manufacturing segments separatelyRs.Analysis:1. The Revenue filed an Appeal challenging the Order of the Income Tax Appellate Tribunal related to the Assessment Year 2010-11. The substantial questions of law raised by the Revenue pertained to royalty payment to associated enterprises and the treatment of Trading and Manufacturing segments. The Tribunal, after considering the contentions of both parties, found that the DRP was justified in not accepting the TPO's finding of determining the Arm's Length Price of royalty at NIL. The Tribunal referred to previous cases and legal precedents to support its decision, emphasizing that the TPO cannot hold the ALP as NIL without proper assessment methods. The Tribunal upheld the DRP's directions on this issue, citing consistency with previous rulings.2. Regarding the treatment of Trading and Manufacturing segments separately, the Tribunal noted that the assessee adopted a combined transaction approach for determining the ALP under the TNMM at the entity level. However, the TPO treated the segments as separate transactions. The Tribunal considered similar issues in previous years and observed that the TPO for a subsequent year had accepted the segments as integrated for determining the ALP. Based on this analysis, the Tribunal found no error in the directions of the DRP on this matter.3. The Court referred to a previous judgment where it was established that unless the Tribunal's finding is ex facie perverse, an appeal under Section 260-A of the Act is not maintainable. The Court highlighted that certain issues related to comparables and filters for determining comparables do not give rise to substantial questions of law. The Court dismissed the Revenue's appeals, stating that dissatisfaction with the Tribunal's findings alone is not sufficient to invoke Section 260-A. Therefore, the present appeal by the Revenue was deemed devoid of merit, and no substantial question of law was found to arise for consideration.4. In conclusion, the Court dismissed the Appeal filed by the Revenue, stating that no substantial question of law emerged from the case. The decision was made after hearing arguments from both sides, and no costs were awarded. The Court ordered a copy of the judgment to be sent to the Respondent-Assessee.