MUNJAL SHOWA LTD,GURUGRAM vs. JCIT, SPECIAL RANGE-6, NEW DELHI

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ITA 8227/DEL/2018Status: HeardITAT Delhi27 January 2022AY 2014-156 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found the assessee's filter of 10% export sales to be reasonable, especially considering the assessee's low export turnover and the DRP's acceptance of a similar filter in a prior year. The TPO's rejection of this filter was deemed inappropriate.

What were the facts?

The assessee, Munjal Showa Ltd, manufactures automotive parts and had international transactions. The assessee applied a filter for comparable companies where export sales were less than or equal to 10% of total sales.

What were the issues?

Whether the filter applied by the assessee for comparable companies, based on export turnover percentage, was appropriate for transfer pricing analysis.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘I-1’ BENCH,

Before: SHRI SAKTIJIT DEY, & SHRI N.K. BILLAIYA

For Appellant: Ms. Sweta Gupta, CA
For Respondent: Shri Surender Pal, CIT-DR
Hearing: 27.01.2022Pronounced: 27.01.2022

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

1.

This appeal by the assessee is preferred against the order dated 16.10.2018 framed under section 143(3) r.w.s 144C the Income-tax Act, 1961 [hereinafter referred to as 'The Act'] for Assessment Year 2014-15.

2.

Though the assessee has raised as many as six grounds of appeal, but the only ground argued before us is as under:

“In law and on facts and circumstances of the case, the Assessing Officer/DRP erred in rejecting the export turnover filter of rejecting companies having export turnover of more than 10% of the total sales applied by the appellant and instead applying filter of rejecting companies having export sales of more than 15% of the total sales.”

3.

Briefly stated, the facts of the case are that the appellant operates as an ancillary and manufactures shock absorbers and struts for leading two wheelers and four wheelers primary products being front, forks, shock absorbers, struts, gas springs and window balancers for sale in domestic market. The appellant has three manufacturing locations, two in Haryana and one in Uttarakhand.

4.

The following international transactions/specified domestic transactions have been entered into by the assessee during the year under consideration:

5.

One of the filters adopted by the assessee in his TP approach in respect of comparables was export sales less than/equal to 10% of sales.

This filter was rejected by the TPO who was of the opinion that it is an inappropriate filter as no justification has been given by the assessee for applying this filter.

6.

We find that the details of the export sales of total sales in the case of the assessee furnished before the TPO is as under:

Export at FOB Value [A] Rs. 68,42,794/- Gross Sales [B] Rs. 17,34,66,50,876/- % of earning in foreign exchange on gross sales [A & B] 0.04%

7.

It can be seen from the above that out of total sales made by the assessee, 99.96% of the total sales were made to the OEMs in India. In our considered opinion, in order to find comparables commensurate with geographical locations in which the assessee is functioning, application of filter of 10% applied by the assessee is most reasonable. We further find that in the preceding Assessment Year i.e 2013-14, the DRP itself had accepted the filter of export sales less than /equal to 10% of export sales as an appropriate factor for comparability analysis.

8.

Considering the past history of the assessee, we direct the TPO to exclude the comparable companies where export sales are more than 10% of the total sales and decide the issue afresh. With these directions, the appeal is allowed.

9.

In the result, appeal of the assessee in is allowed.

The order is pronounced in the open court on 27.01.2022 in the presence of both the representatives.

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