2020 (12) TMI 551 - AT - Income Tax

Tribunal directs Assessing Officer to adopt ALP from APA for management fees & R&D services

Cookson India Pvt. Ltd. Versus DCIT, Company Circle-3 (1), Kolkata

The tribunal allowed all three appeals for statistical purposes, directing the Assessing Officer to adopt the Arm's Length Price (ALP) determined in the ... TP Adjustment - ALP determination - ALP agreed to between the Government and the assessee - case of the appellant is that, it had signed an Advance Pricing Agreement (APA) with the Central Board of Direct Taxes (CBDT) for five years i.e. F.Y. 01.04.2015 to 31.03.2020 - As per the APA, for management fees for IGS is the amount of management charges paid in the manufacturing segment does not exceed 2.95% of operating revenue of the manufacturing segment of the previous year - whether, when the factual matrix including the functional and risk profile of the assessee with respect to these three years under appeal is similar, to the factual matrix and functional profile of the assessee considered by the CBDT while determining the ALP in the APA, for the five Financial years 2015-16 to 2019-20 and for the rollback period i.e. FY 2012-13 to 2014-15? HELD THAT:- In our view the ALP determined and agreed to in the APA should necessarily be applied as the ALP, on the international transaction of IGS and R & D services for the assessment year in appeal. While holding so, we have considered the various judgments one of which is of passed by the Hon'ble Delhi High Court in the case of Ameriprise India Pvt. Ltd.[2016 (3) TMI 1272 - DELHI HIGH COURT]. We direct the Assessing Officer to adopt the ALP determined in the APA as the ALP of the international transaction of MSSF for IGS and R & D services for all the impugned assessment years. Issues:1. Transfer pricing adjustments made by the Assessing Officer.2. Applicability of Advance Pricing Agreement (APA) for determining Arm's Length Price (ALP).3. Consistency of factual matrix and functional profile for different assessment years.4. Interpretation of judicial precedents in relation to ALP determination.Issue 1: Transfer pricing adjustments made by the Assessing OfficerThe appeals were filed against orders passed by the Commissioner of Income Tax (Appeals) arising from final assessment orders by the Assessing Officer under the Income Tax Act, 1961. The Transfer Pricing Officer determined the Arm's Length Price (ALP) for 'Management and Support Service Fee' and R & D services provided by the appellant's associated enterprises. The TPO concluded that the ALP for the services was 'Nil' and made upward adjustments to the appellant's total income. The DRP considered objections, leading to the final assessment order by DCIT(TPO)-1, Kolkata.Issue 2: Applicability of Advance Pricing Agreement (APA) for determining ALPThe appellant had an APA with the CBDT for a specific period, including provisions for the rollback of the agreement for previous years. The APA set ALP limits for management fees and R & D services. The appellant argued that the ALP determined in the APA should be applied for the impugned assessment years as the factual and functional profiles were similar. The appellant cited various ITAT orders and a Delhi High Court judgment to support this argument.Issue 3: Consistency of factual matrix and functional profile for different assessment yearsThe question arose whether the ALP agreed upon in the APA for specific years could be applied to the impugned assessment years if the factual and functional profiles were similar. The tribunal considered the similarity of profiles and the ALP determined in the APA. Judicial precedents, including the Delhi High Court and ITAT Kolkata decisions, supported the application of the ALP from the APA to the impugned assessment years.Issue 4: Interpretation of judicial precedents in relation to ALP determinationThe tribunal analyzed various judgments, including the Delhi High Court's decision in Ameriprise India Pvt. Ltd. and ITAT Kolkata's ruling in Ixia Technologies Pvt. Ltd. The tribunal also considered the order of the Hon'ble Delhi Tribunal in Ranbaxy Laboratories Ltd. These precedents emphasized the importance of APA in determining ALP and maintaining consistency in ALP methodology for different years. The tribunal directed the Assessing Officer to adopt the ALP determined in the APA for the international transactions in question.In conclusion, the tribunal allowed all three appeals for statistical purposes, directing the Assessing Officer to adopt the ALP determined in the APA for the management fees and R & D services for the relevant assessment years based on the consistency of factual matrix and functional profiles.