2020 (9) TMI 22 - AT - Income Tax

Tribunal Rules in Favor of Assessee on Various Tax Issues, Emphasizes Consistency

M/s. Philips India Limited. Versus ACIT, Circle-12 (2), Kolkata

M/s. Philips India Limited. Versus ACIT, Circle-12 (2), Kolkata - TMI Issues:1. Determination of Arms Length Price for Intra Group Services (IGS)2. Determination of ALP of Advertisement, Marketing and Promotion expenses3. Rule of consistency in transfer pricing adjustments4. Disallowance of lease rent paid in respect of motor cars5. Depreciation on moulds6. Non-grant of deduction u/s 80G7. Short deduction of TDS/tax collected at source8. Levy of interest u/s 234A and 234B9. Levy of additional tax on interest on distributable profits10. Deduction of 'education cess on income tax' and 'secondary and higher education cess on income-tax'Analysis:1. Determination of Arms Length Price for Intra Group Services (IGS): The Tribunal upheld the assessee's contention, emphasizing the rule of consistency and rejecting the request to remand the issue back to the Assessing Officer for fresh determination of ALP. The Tribunal noted the past decisions in favor of the assessee and disallowed the appeal by the Revenue.2. Determination of ALP of Advertisement, Marketing and Promotion expenses: The Tribunal reiterated its stance from previous years, holding in favor of the assessee based on past decisions by the Co-ordinate Bench. The Tribunal rejected the repetition of the stand by the TPO and DRP, emphasizing the rule of consistency in transfer pricing adjustments.3. Rule of consistency in transfer pricing adjustments: The Tribunal upheld the rule of consistency in income tax proceedings, citing the decision of the Hon'ble Supreme Court. The Tribunal emphasized that the same treatment should be applied to similar issues across assessment years, thus allowing the appeal on this ground.4. Disallowance of lease rent paid in respect of motor cars: The Tribunal ruled in favor of the assessee, citing past decisions by the Co-ordinate Bench. The Tribunal emphasized the lack of material from the Revenue to counter the findings in favor of the assessee, leading to the allowance of the appeal on this ground.5. Depreciation on moulds: The Tribunal set aside this ground to the file of the Assessing Officer for fresh adjudication, allowing the assessee to provide additional evidence in support of its claim. The Tribunal emphasized the need for a fresh review of the issue.6. Non-grant of deduction u/s 80G: The Tribunal allowed the issue to be set aside for fresh adjudication by the Assessing Officer, emphasizing the need for verification of the claim of the assessee in accordance with the law.7. Short deduction of TDS/tax collected at source: Both parties agreed to restore this issue to the file of the Assessing Officer for fresh verification and disposal, leading to the allowance of the appeal on this ground for statistical purposes.8. Levy of interest u/s 234A and 234B: The Tribunal set aside these issues to the file of the Assessing Officer for fresh calculation, as they were deemed consequential in nature.9. Levy of additional tax on interest on distributable profits: The issue was set aside for fresh adjudication by the Assessing Officer in accordance with the law, as agreed by both parties.10. Deduction of 'education cess on income tax' and 'secondary and higher education cess on income-tax: The Tribunal allowed the deduction of education cess and higher education cess as claimed by the assessee, citing relevant judgments and legislative considerations, leading to the allowance of the appeal on this ground.