2021 (1) TMI 238 - AT - Income Tax

ITAT directs review of transfer pricing & deduction issues, stresses fair opportunity for assessee

M/s. Wipro GE Healthcare Private Limited Versus Deputy Commissioner of Income Tax (OSD), Circle 7 (1) (2), Bangalore

M/s. Wipro GE Healthcare Private Limited Versus Deputy Commissioner of Income Tax (OSD), Circle 7 (1) (2), Bangalore - TMI Issues:1. Transfer pricing adjustment made in respect of royalty payment.2. Re-computation of deduction allowable u/s 10A of the Act.Transfer Pricing Adjustment - Royalty Payment:The assessee, engaged in medical diagnostic equipment business, challenged transfer pricing adjustments on royalty payments for assessment years 2002-03 to 2004-05. Initially, the Tribunal directed the TPO to determine the Arms Length Price (ALP) of royalty payments. Subsequently, the TPO determined the ALP as NIL, leading to disallowance of royalty payments. The assessee contended that no comparables were found, and the TPO treated royalty as part of the operating cost in the trading segment. The CIT(A) upheld the TPO's order. The ITAT directed reconsideration based on earlier orders, setting aside the issue to the TPO/AO for further examination in line with prior directions. The ITAT emphasized that if no comparables were found, royalty payments should be considered part of international transactions under the trading segment. The CIT(A) failed to consider the ITAT's direction, prompting the ITAT to set aside the CIT(A)'s order and restore the issue to the AO/TPO for reconsideration.Re-computation of Deduction u/s 10A:The second issue pertained to the re-computation of deduction u/s 10A of the Act. The assessee argued that the AO exceeded jurisdiction by altering the deduction without providing an opportunity for explanation. The ITAT noted that the deduction u/s 10A is allowed at the undertaking level, not entity level. The CIT(A) upheld the AO's action without considering the jurisdictional aspect and the principle that the deduction is granted at the undertaking level. The ITAT, considering the jurisdictional issue and the incorrect consideration of profits at the entity level, set aside the CIT(A)'s order and restored the issue to the AO for proper examination, emphasizing the need for the assessee to be given a fair opportunity to present explanations.In conclusion, the ITAT, in a detailed judgment, addressed the transfer pricing adjustment on royalty payments and the re-computation of deduction u/s 10A for the assessed years. The ITAT emphasized adherence to prior directions, proper consideration of jurisdictional aspects, and the need for the assessee to have a fair opportunity to present their case. The orders passed by the CIT(A) were set aside, and the issues were restored to the AO/TPO for reconsideration in line with the ITAT's directives.