ITAT Delhi: Assessee's Appeal Allowed, Transfer Pricing Adjustment & Adhoc Disallowance Deleted

The Appellate Tribunal ITAT Delhi partly allowed the appeal by the assessee, directing the deletion of both the transfer pricing adjustment of Rs. 6.63 crores and the adhoc disallowance of 10% of total staff welfare expenses. The Tribunal emphasized the prerogative of the assessee in conducting their business and held that the necessity of expenses is not for Revenue authorities to decide. The decision was rendered on 17.12.2018.

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Issues:
1. Transfer pricing adjustment related to reimbursement of expenses to Associated Enterprise.
2. Adhoc disallowance of 10% of total staff welfare expenses.

Transfer Pricing Adjustment Issue:
The appellant's appeal was against an order regarding the addition of Rs. 6.63 crores on account of transfer pricing to the appellant's income. This addition was made due to the international transaction related to reimbursement of expenses to its Associated Enterprise (AE) not satisfying the Arm's Length Price. The Tribunal considered the appellant's objection and previous Tribunal decisions. The Tribunal held that the ALP of the international transaction was not NIL, as concluded by the TPO. Referring to a previous case, the Tribunal emphasized that it is the prerogative of the assessee to conduct their business, and the necessity of expenses is not for Revenue authorities to decide. The TPO, after reconsideration, reduced the adjustment to NIL based on the Tribunal's directions. Consequently, the Tribunal directed the deletion of the transfer pricing adjustment of Rs. 6.63 crores.

Adhoc Disallowance Issue:
The appeal also addressed the adhoc disallowance of 10% of total staff welfare expenses. The DRP's order for a subsequent assessment year was cited, where a similar disallowance was deleted. The Tribunal agreed with the assessee's contention that the adhoc disallowance lacked a proper basis, especially when the books were audited without specific defects highlighted. Consequently, the Tribunal allowed the deletion of the adhoc disallowance, as directed by the DRP for the subsequent year.

In conclusion, the Tribunal partly allowed the appeal by the assessee, deleting both the transfer pricing adjustment and the adhoc disallowance. The decision was pronounced on 17.12.2018 by the Appellate Tribunal ITAT Delhi.

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