AKZONOBEL INDIA PRIVATE LIMITED V. THE ADDITIONAL COMMISSIONER OF INCOME TAX

ITA/370/2022

AI Insights

The case involves AkzoNobel India Private Limited, the appellant, challenging an order by the Income Tax Appellate Tribunal (ITAT) which upheld a transfer pricing adjustment of Rs.1,94,65,250 for the Assessment Year 2008-09. The dispute centered on the arm's length pricing of international transactions related to business support and administrative services received from an associated enterprise (AE). The ITAT had applied the Comparable Uncontrolled Price (CUP) method to these transactions, finding that the appellant did not provide sufficient evidence to demonstrate that the services were actually rendered. The Delhi High Court, upon reviewing the matter, agreed with the lower authorities' findings and dismissed the appeal, noting that each assessment year is distinct and governed by its own facts.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 679616 (HC-DELHI)
• Appeal Type: Others
• Pronouncement Date: 27-09-2022
• Assessment Year: misc
• Other Referred Cases: Principal Commissioner of Income Tax-6 vs. Make My Trip India (P) Ltd.
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: ZOHEB HOSSAIN; VIPUL AGRAWAL; PARTH SEMWAL
• Assessee Lawyers: VISHAL KALRA; S S TOMAR
• Keywords: Administrative services; Arm's Length Price; Business support services; Comparable Uncontrolled Price; International transaction; Transfer Pricing Adjustment
• Section: 260A

Judgement Text

"ITA No.370/2022 Page 1 of 3 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 370/2022 AKZONOBEL INDIA PRIVATE LIMITED ..... Appellant Through: Mr.Vishal Kalra with Mr.S.S.Tomar, Advocates. versus THE ADDITIONAL COMMISSIONER OF INCOME TAX ..... Respondent Through: Mr.Zoheb Hossain, Sr.Standing Counsel for the Revenue with Mr.Vipul Agrawal and Mr.Parth Semwal, Advocates. % Date of Decision: 27th September, 2022 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA J U D G M E N T MANMOHAN, J (Oral): C.M.No.42494/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. ITA No.370/2022 1. Present income tax appeal has been filed challenging the order dated 28th February, 2022 passed by the Income Tax Appellate Tribunal (‘the ITAT’) in ITA No. 6007/Del./2014 for the Assessment Year 2008-09. This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/003998 ITA No.370/2022 Page 2 of 3 2. Learned counsel for the Appellant states that the ITAT has erred in upholding the transfer pricing adjustment amounting to Rs.1,94,65,250/- in respect of the international transaction pertaining to receipt of business support services and the arm’s length price of the said transaction at ‘Nil’. 3. He states that the ITAT has erred in subjecting the transaction pertaining to receipt of administrative services to comparable uncontrolled price (‘CUP’) method without demonstrating any comparable instances and ignoring the arm's length analysis submitted by the Appellant. 4. He also states that similar administrative services have been provided in the subsequent assessment years and have been accepted by the ITAT. 5. Upon a perusal of the paper book, this Court finds that all the three authorities below have given concurrent findings of fact that the Appellant had failed to furnish evidence to demonstrate that administrative services were actually rendered by the AE and the assessee had received such services. In fact, the ITAT has noted in the impugned order “….On a specific query made by the Bench to demonstrate the receipt of services from AE through cogent evidence, including, any communication with the AE, learned counsel for the assessee expressed his inability to furnish any evidence and repeated his submission to restore the matter back to the Assessing Officer for enabling the assessee to furnish evidence, if any.”. 6. This Court is also of the view that every Assessment Year is a separate unit which is governed by its own peculiar facts. Further, the ITAT in the impugned order has clarified that its decision would not prejudice the assessee’s claim in any other assessment year, as it has to be decided based on the evidences produced to establish the claim of receipt of services from AE. This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/003998 ITA No.370/2022 Page 3 of 3 7. Further , this Court in Principal Commissioner of Income Tax-6 vs. Make My Trip India (P) Ltd., (2017) 87 taxmann.com 284 (Delhi) has held that difference of opinion between the parties, as to the appropriateness of one or the other methods to calculate arm’s length price, cannot per se be a ground for intereference and the appropriateness of the method unless shown to be contrary to the Rules specially 10B and 10C are hardly issues that ought to be gone into under Section 260A of the Act. 8. Consequently, this Court is of the view that no substantial question of law arises for consideration in the present appeal and the same is accordingly dismissed. MANMOHAN, J MANMEET PRITAM SINGH ARORA, J SEPTEMBER 27, 2022 KA This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/003998 "