ZACKS RESEARCH PVT. LTD.,KOLKATA vs. ACIT, CIR. 8(2), KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the variation between the arm's length price determined by the TPO and the price at which international transactions were undertaken by the assessee did not exceed 3%. Therefore, the price at which the transactions were entered into shall be deemed to be the arm's length price.
What were the facts?
The assessee declared a total income of Rs. 50,16,590/-. The TPO recommended an upward adjustment of Rs. 21,29,779/- on account of transfer pricing, determining the arm's length price margin at 3.59% while the assessee declared 2.29%.
What were the issues?
Whether the transfer pricing adjustment made by the TPO is valid when the variation in the arm's length price is within 3% of the price at which the international transactions were undertaken.
Which sections of the Income-tax Act were involved?
Section 92C(1),Section 92C(2),Section 92CA(3),Section 143(3),Section 144C(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH: KOLKATA
Before: Shri RajpalYadav, Vice-(KZ) & Shri Rajesh Kumar]
This is the appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeal)-22, Kolkata (hereinafter referred to as the Ld. CIT(A)”] dated 29.06.2021 for the AY 2016-17.
After perusing the various grounds of appeal, we find that the assessee has raised a legal issue in ground no. 7 to the effect that transfer pricing adjustment made iscontrary to the provisions of Section 92C(1) of the Act as the ALP of Assessment Year: 2016-17 Zacks Research (P) Ltd. transactionsentered into by the assessee was within 3% range from arm’s length price determined by the TPO.
Facts in brief are that the assessee filed return of income on 27.09.2016 declaring total income of Rs. 50,16,590/-. The case of the assessee was selected for scrutiny for two reasons namely i) to examine TP parameters and ii) whether the sale/receipts was correctly offered for tax. Since the assessee has entered into transactions as its AE, the matter was referred to TPO for determination of arm’s length price in respect of said transactions. The DCIT, IT and TPO-2, Kolkata vide order dated 26.10.2019 passed u/s 92CA(3) of the Act determined arm’s length price wherein arm’s length price margin was recommended at 3.59% whereas the margin declared by the assessee was 2.29%. Accordingly, TPO recommended upward adjustment on account of TP in respect of international transactions with the AE to the tune of Rs. 21,29,779/-. Accordingly assessment was framed and the addition was made to the income of the assesse in the order passed u/s 143(3) read with Section 144C(3) of the Act dated 18.12.2019. Pertinent to state that there is no dispute as to the method of determination of arm’s length price. The assessee has applied TNMM which has been accepted by the TPO. However the TPO rejected the seven comparables as stated in para 5.4 whereas the remaining comparables as per TPSR were accepted however the working capital adjustment margin of the comparables were rejected.
In the appellate proceedings, the Ld. CIT(A) affirmed the order of AO by holding that there is no infirmity or mistake in the TPO’s order.
After hearing the rival contentions and perusing the material on record and also the provisions of Section 92C(2) of the Act , we observe that the variation in the arm’s length price so determined by the TPO and price at which international transactions have been undertaken by the assesse does not exceed 3% of the later. In that scenario, the price at which international transactions were entered into shall be deemed to be arm’s length price. In the present case, arm’s length margin proposed by the TPO is Assessment Year: 2016-17 Zacks Research (P) Ltd. 3.59% whereas the margin as per TPSR is 2.29% meaning thereby that variation in the arm’s length price as computed by the TPO and as calculated by the assessee as per TPSR is less than 3%. Therefore the price at which the international transactions were undertaken with its AE shall be considered to be at arm’s length price. Accordingly we set aside the order of Ld. CIT(A) and direct the AO to delete the disallowance.
Since we have allowed the appeal of the assesse on legal issue, the other grounds are not being adjudicated. The appeal of the assessee is allowed.
In the result, the appeal of the assessee is allowed.
Order is pronounced in the open court on 15th March, 2023
More judgments on Section 92C(1)
- Fractal Analytics Limited, Mumbai… vs Circle 1(3)(1), Deputy Commissioner of…ITA 764/MUM/2026[2022-23]Status: Disposed22 Sept 2026AY 2022-23
- Hilti Manufacturing India Private Limited… vs Assessment Unit Income Tax Department…ITA 8950/MUM/2025[2022-23]Status: Disposed18 Sept 2026AY 2022-23
- Akamai Technologies Solutions (India)… vs Asst.C.I.T., BangaloreITA 245/BANG/2016[2011-12]Status: Disposed24 Aug 2026AY 2011-12
- Omniactive Health Technologies Limited… vs Deputy Commissioner of Income Tax Circle…ITA 935/MUM/2026[2022-23]Status: Disposed27 Jul 2026AY 2022-23
- Ebixcash World Money Limited, Mumbai vs DCIT, MumbaiITA 8607/MUM/2025[2022-23]Status: Disposed4 Jun 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026