THE PR COMMISSIONER OF INCOME TAX vs. M/S GXS INDIA TECHNOLOGY CENTRE PVT LTD

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ITA/54/2020HC KarnatakaKAHC01005778202027 September 2024Bench: S.G.PANDIT,C.M. POONACHA5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal, keeping the substantial questions of law open for future adjudication. This was based on the tax effect being below the threshold specified in CBDT Circulars and the assessee's counsel's submission.

What were the facts?

The Revenue filed an appeal against an order of the Income Tax Appellate Tribunal concerning the assessment year 2009-10. The appeal raised substantial questions of law regarding the exclusion of comparables and working capital adjustments in transfer pricing.

What were the issues?

Whether the Tribunal was correct in excluding comparables without detailed analysis and in directing negative working capital adjustments. The appeal was also considered in light of CBDT circulars regarding tax effect.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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NC: 2024:KHC:40407-DB ITA No. 54 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA INCOME TAX APPEAL NO.54 OF 2020

BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME-TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095.

2.

THE INCOME-TAX OFFICER WARD-11(2) PRESENT ADDRESS DCIT, CIRCLE-3(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095. …APPELLANTS

(BY SRI. SUSHAL TIWARI N, ADVOCATE)

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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NC: 2024:KHC:40407-DB ITA No. 54 of 2020

AND:

M/S. GXS INDIA TECHNOLOGY CENTRE PVT.LTD., PRESTIGE EMERALD, 2,3 AND 4TH FLOOR, MUNCIPAL NO.2, MADRAS BANK ROAD, LAVELLE ROAD JUNCTION, BENGALURU-560 001. PAN AABCG 7972P …RESPONDENT

(BY SRI. K.R. VASUDEVAN, A/W SRI. ANKUR P.D., ADVOCATES)

THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31/07/2019 PASSED IN IT(TP)A NO.124/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010. PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND ETC.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA

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NC: 2024:KHC:40407-DB ITA No. 54 of 2020

ORAL JUDGMENT (PER: HON'BLE MR JUSTICE S.G.PANDIT)

Heard the learned counsel Sri.Sushal Tiwari for appellants/Revenue and learned counsel Sri. K.R.Vasudevan along with Sri. Ankur.P.D., learned counsel for respondent/assessee.

2.

The Revenue is in appeal under Section 260-A of the Income Tax Act, 1961 (for short, ‘the Act’) questioning the correctness and legality of order dated 31.07.2019 passed by the Income Tax Appellate Tribunal, ‘B’ Bench, Bengaluru (for short, ‘Appellate Authority’) in IT(TP)A.No.124/Bang/2014 for the assessment year 2009-10.

3.

This Court, admitted the appeal on 27.02.2020 to consider the following substantial questions of law: 1. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in law in holding that a comparable can be excluded on entity basis without determining the specific characteristics of the transactions; FAR, contractual terms and

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NC: 2024:KHC:40407-DB ITA No. 54 of 2020

market conditions as prescribed in Rule 10B(2) of the Act? 2. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in law in directing Transfer Pricing Officer/assessing authority to exclude certain comparable's even when parameters of analysis prescribed under Rule 10B of I.T.Rules are fully satisfied by TPO while determining final list of comparable's? 3. Whether on the facts and in the circumstances of the case and in law, the Tribunal is justified in holding that negative working capital adjustment cannot be granted in the case of the assessee without considering that working capital adjustment is computed scientifically and negative or positive working capital adjustment is only consequential?"

4.

Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.2 Crores and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct

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NC: 2024:KHC:40407-DB ITA No. 54 of 2020

Taxes. It is also submitted that the aforesaid Circular binds the revenue.

5.

On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the appeal in case the matter falls within the exceptions under the aforesaid Circular dated 17.09.2024 and Circular No.5/2024 dated 15.03.2024.

6.

In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. However, the question of law is kept open to be adjudicated in an appropriate proceeding.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (C.M. POONACHA) JUDGE

SMJ List No.: 4 Sl No.: 19

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