2025 (8) TMI 1679 - AT - Income Tax

Appeal partly allowed: interest TP adjusted to LIBOR+2%, guarantee fee capped 0.5%, bogus purchases limited; s.80G and s.37(1) issues remitted

Rolta India Ltd. through Dr. Mamta Binani, RP. Versus The Deputy Commissioner of Income Tax, Central Circle-1 (1), Mumbai

ITAT upheld partly the assessee's appeals: transfer-pricing adjustment on interest receivables was reduced to LIBOR + 2% (from LIBOR + 4%); corporate ... TP Adjustment - benchmarking of interest on outstanding receivables from AE’s - As submitted that the assessee had granted loan to the subsidiary companies (AE’s) out of the commercial expediency as the subsidiary company sells its products in USA, thus indirectly promotes the name of the assessee and the assessee is benefited by virtue of transactions carried out by the subsidiary company - TPO has recommended interest rate on outstanding receivable @ LIBOR + 4% - HELD THAT:- We find substance in the contention of the Ld. AR, based on the decision of the ITAT, Bangalore [2022 (2) TMI 1402 - ITAT BANGALORE] which is supported by the judgment in the case of CIT v. Aurionpro Solutions Ltd. [2017 (6) TMI 1087 - BOMBAY HIGH COURT] wherein held that “the transaction between the assessee and AE was in foreign currency with regard to receivables and transaction was international transaction, then transaction would have to be looked upon by applying the commercial principles with regard to international transactions and accordingly proceeded to take into account interest rate in terms of London Inter Bank Offer Rate (LIBOR)and it would be appropriate to take the LIBOR rate + 2%”, the rate of interest adopted by the TPO thus is erroneous and appropriate rate of interest paid to be adopted at LIBOR + 2%. R We approve the request of the Ld. Counsel. Accordingly, the A.O is directed to adopt interest rate on outstanding loan receivable from AE’s @ LIBOR+ 2%. Thus, the Grounds of appeal No.1 & 3 raised by the assessee are partly allowed. Guarantee commission - We direct the A.O to restrict the benchmarking for corporate guarantee commission @ 0.5%. Disallowance on account of bogus purchases - As submitted by the Ld. AR that the assessee company is under the liquidation, the records of assessee company would be difficult to fetch, we confirm the addition made to the extent of actual transaction amount for Rs. 7,22,178/- only. A.O is directed to give effect to the same. Thus, the Ground of appeal raised by the assessee is partly allowed. Disallowance of R & D Expenses - As noticed that the disallowance was made by the A.O as the assessee company was unable to furnish Form 3CL from Department of Science and Industrial Research (DSIR), Ministry of Science and Technology with respect to claim of deduction u/s. 35(2AB) - HELD THAT:- As Referring to the aforesaid Form 3CL which is placed before us, it was submitted by the Ld. Counsel of the assessee and as conceded by the revenue that the matter needs to be restored to the file of the A.O for fresh adjudication in terms with report in Form No. 3CL issued by the DSIR, dated 20.08.2024. Accordingly, we restore the matter to the file of the A.O for fresh adjudication. Thus, the Ground of appeal raised by the assessee is allowed for statistical purposes. Disallowance of deduction u/s. 80G - assessee was unable to furnish necessary corroborative evidence to prove that the donations made are entitled for deduction u/s. 80G - AO that fund allocated to CSR does not form part of Section 37(1) therefore, the expenditure made out of such fund are not allowable for the benefit of exemption u/s. 80G of the Act - HELD THAT:- We find substance in the submission of the Ld.AR that donations made from CSR funds would be eligible for deduction under the provisions of section 80G. As decided in Krishna Processors & Industries Pvt. Ltd. [2025 (8) TMI 1602 - ITAT MUMBAI] wherein after a lengthy discussion on the issue, it is concluded that “the assessee would be eligible for claim of deductions u/s 80G for eligible donations out of the CRS funds, if the stipulated condition of sections 80G are duly satisfied.”, thus there is no bar on utilization of funds allocated for CSR if utilized for granting of eligible donation u/s. 80G of the Act, but subject to restrictions stipulated under section 80G(2)(iiihk) & (iiiha) r.w. Explanation 2 of Section 37(1) of the Act, thus, allow the aforesaid contention of the assessee subject to verification by the AO that the eligibility criteria in terms of provisions of section 80G/37(1)are satisfied, for that purpose the matter is restored back to the file of Ld. AO, with the direction to decide the issue afresh after verification of documents according to our decision herein above. ISSUES PRESENTED AND CONSIDERED 1. Whether interest on interest-free short-term loans/receivables from associated enterprises (AEs) should be benchmarked and, if so, at what rate (whether LIBOR + 4%/5% as adopted by TPO/DRP/AO or LIBOR + 2%). 2. Whether corporate guarantee commission paid to related parties should be benchmarked and, if so, whether the applicable rate is to be restricted to 0.5% (parity with earlier appellate findings) or upheld at the TPO/DRP/AO adopted rate. 3. Whether addition on account of alleged bogus purchases from a supplier should be made to the extent assessed by revenue or limited to the actual invoiced amount shown in assessee's books. 4. Whether carry-forward loss disallowance and contingent expenditure disallowance issues (Grounds 4 & 5) should be adjudicated when not pressed by the appellant. 5. Whether deduction under section 35(2AB) (scientific R&D) can be allowed where the assessee furnishes Form 3CL from DSIR post assessment. 6. Whether donations/amounts claimed under section 80G (including amounts paid from CSR funds) are allowable, and whether CSR-sourced donations can qualify for section 80G deduction subject to statutory conditions. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Benchmarking interest on intra-group loans/receivables (LIBOR + basis points) Legal framework: Transfer pricing provisions under Chapter X (section 92/92CA etc.) require arm's length pricing for international transactions; commercial/market rates (e.g., LIBOR + markup) are relevant for benchmarking cross-border receivables/loans. Precedent treatment: The Tribunal (coordinate bench) and Bombay High Court authorities referenced have held that foreign-currency receivables between AE and taxpayer constitute international transactions requiring benchmarking; several appellate decisions have applied LIBOR + 2% as appropriate in comparable circumstances (cited coordinate bench and Bombay HC reasoning). Interpretation and reasoning: The Tribunal examined commercial realities (loss-making status of parties, creditworthiness) and accepted that an independent lender would have charged interest. The TPO/DRP adopted LIBOR + 4% (rounded to an effective 5% rate in facts); the Tribunal found that on identical facts and following binding/precedential coordinate bench and High Court reasoning, LIBOR + 2% is the appropriate arm's length rate. The Tribunal applied principle of following coordinate precedent in absence of distinguishing material and invoked commercial principle that once characterized as international transaction, LIBOR-based benchmarking with +2% is appropriate. Ratio vs. Obiter: Ratio - where foreign-currency receivables to AE are international transactions, interest should be benchmarked and LIBOR + 2% is the arm's length rate in the facts before the Tribunal; Obiter - factual observations about alternative bank behaviour are explanatory. Conclusion: Upward TP adjustment on interest on outstanding receivables reduced by directing AO to adopt LIBOR + 2% (grounds partly allowed). Issue 2 - Corporate guarantee commission benchmarking Legal framework: Transfer pricing rules require arm's length valuation of guarantee fees paid to related parties; accepted practice constrains rates by reference to comparable transactions and judicial precedent. Precedent treatment: Coordinate bench decisions in earlier assessment years of the same taxpayer and other precedents (including authority following jurisdictional High Court principles) restricted corporate guarantee commission to 0.5% where facts were identical. Interpretation and reasoning: The Tribunal applied parity and precedent: where the facts are identical to earlier years in which the Tribunal/CIT(A) restricted guarantee commission to 0.5%, there was no distinguishing material presented to justify departure. The principle of consistency and reliance on earlier coordinate bench decisions was invoked to scale down the TPO/DRP figure (1.3%/1.418%) to 0.5%. Ratio vs. Obiter: Ratio - in identical factual matrix, corporate guarantee commission can properly be restricted to 0.5% as arm's length; Obiter - none material beyond following precedent. Conclusion: Direction to AO to restrict benchmarking of corporate guarantee commission to 0.5% (ground partly allowed). Issue 3 - Disallowance for alleged bogus purchases from a specified supplier Legal framework: Assessing authority may disallow expenditure if genuineness of purchases is not established; taxpayer bears evidentiary onus to prove genuineness and quantum via corroborative documents (invoices, ledger, third-party evidence). Precedent treatment: Assessment must be supported by evidence on record; in absence of revenue's rebuttal, books and ledger entries are relevant evidence of actual transactions. Interpretation and reasoning: The Tribunal considered ledger extracts showing a single invoice and transaction of Rs. 7,22,178 and noted absence of corroborative material from revenue to disprove this assertion. Although DRP had questioned genuineness for lack of corroborative evidence, the Tribunal found no evidence of additional transactions to support the larger addition. Consideration was also given to practical difficulties (liquidation/closure) affecting retrieval of records. Ratio vs. Obiter: Ratio - where only ledger/invoice evidence establishes genuine transaction amount and revenue adduces no contrary evidence, disallowance cannot exceed the proven invoiced amount; Obiter - remarks on practical difficulties in evidence retrieval are explanatory. Conclusion: Addition limited to actual invoiced amount Rs. 7,22,178; remainder of disputed addition disallowed (ground partly allowed). Issue 4 - Grounds not pressed (carry-forward loss / contingent expenditure) Legal framework: Appellate practice permits dismissal of grounds not pressed by appellant; substantive adjudication unnecessary where not advanced. Interpretation and reasoning: Appellant expressly did not press Grounds 4 & 5; Tribunal dismissed those grounds as not pressed without substantive examination. Ratio vs. Obiter: Ratio - unpressed grounds are to be treated as abandoned and dismissed; Obiter - none. Conclusion: Grounds 4 & 5 dismissed as not pressed. Issue 5 - Deduction under section 35(2AB) (R&D) where Form 3CL produced post-assessment Legal framework: Deduction under section 35(2AB) is contingent on prescribed certification (Form 3CL) from DSIR; where certificate is subsequently produced, revenue/assessing officer may revisit disallowance and recompute deduction. Precedent treatment: Procedure supports restoration to AO for fresh adjudication when requisite statutory certificate is furnished post-initial assessment and accepted by revenue/tribunal. Interpretation and reasoning: The Tribunal accepted the subsequently issued Form 3CL (dated after assessment) and, with revenue's concession, restored the matter to AO for fresh adjudication in light of the certificate. The Tribunal emphasized AO's duty to reconsider claim with opportunity to appellant to be heard. Ratio vs. Obiter: Ratio - where statutory certification required for s.35(2AB) is subsequently furnished, the matter should be remitted to AO for fresh adjudication; Obiter - none. Conclusion: Matter restored to AO for fresh adjudication of R&D deduction in light of Form 3CL (ground allowed for statistical purposes). Issue 6 - Deduction under section 80G for donations made from CSR funds Legal framework: Section 80G allows deduction for eligible donations subject to specified conditions; CSR expenditure is governed by separate corporate law obligations, but utilization of CSR-allocated funds for eligible donations raises question of eligibility under s.80G and applicability of s.37(1) explanations/restrictions. Precedent treatment: Coordinate benches of the Tribunal have held that donations made out of CSR funds can qualify for deduction under section 80G provided statutory conditions of section 80G (and related restrictions under s.80G(2)/(3) and Explanation 2 to s.37(1) where relevant) are satisfied and documentary proof is available. Interpretation and reasoning: The Tribunal followed coordinate decisions and held there is no blanket bar on donations originating from CSR funds qualifying for s.80G deduction; however, eligibility is subject to the specific statutory conditions and evidentiary verification. The Tribunal therefore restored the matter to AO for verification and directed that the assessee be given reasonable opportunity to be heard. Ratio vs. Obiter: Ratio - CSR-sourced donations may qualify for s.80G deduction if they meet statutory eligibility criteria and evidential requirements; Obiter - references to specific subsections and restrictions are guiding but fact-sensitive. Conclusion: Matter remitted to AO for verification and fresh decision on s.80G claim subject to statutory conditions and opportunity to be heard (ground allowed for statistical purposes). Cross-references * Issues on interest benchmarking (Issue 1) and guarantee commission (Issue 2) were resolved by following and applying coordinate bench and High Court authority principles; the Tribunal explicitly relied on parity with earlier decisions where facts were identical. * Issues remitted to AO (Issues 5 and 6) direct re-adjudication with production/verification of statutory certificates and documentary evidence, with directions to afford the assessee reasonable opportunity of hearing.