Facts of the
Case
The assessee, Fujitsu India Pvt. Ltd., was engaged
in distribution activities, purchasing goods from its associated enterprises
(AEs) and reselling them in India without any value addition.
The Transfer Pricing Officer (TPO) and Dispute
Resolution Panel (DRP) applied the Transactional Net Margin Method (TNMM)
as the Most Appropriate Method (MAM) for determining the Arm’s Length Price
(ALP).
However, the assessee contended that since it acted
as a pure distributor without value addition, the Resale Price Method
(RPM) should be applied.
The Assessing Officer (AO), relying on TNMM, made upward adjustments to income for the relevant assessment years.
Issues
Involved
- Whether the Tribunal erred in rejecting TNMM adopted by the TPO for
determining ALP.
- Whether RPM should be considered the Most Appropriate Method for a distributor with no value addition.
Petitioner’s
Arguments (Revenue)
- The Revenue argued that the assessee was a full-fledged
risk-bearing distributor performing multiple functions.
- Therefore, TNMM was appropriate for benchmarking international
transactions.
- The Tribunal erred in disregarding the functional profile and rejecting TNMM.
Respondent’s
Arguments (Assessee)
- The assessee contended that it was merely a trader/distributor
reselling goods without any value addition.
- Hence, RPM is the most suitable method for determining ALP in such
cases.
- The gross margin earned from resale transactions should be the basis of comparison.
Court’s
Findings / Order
- The Tribunal found that:
- No proper comparables were provided by TPO/DRP.
- The assessee did not add value to the goods and merely
resold them.
- The High Court upheld the Tribunal’s findings and held:
- RPM is the Most Appropriate Method where goods are resold without value addition.
- TNMM was incorrectly applied in such circumstances.
- The Court relied on precedent:
- Principal Commissioner of Income-tax-6 v. Matrix Cellular
International Services (P.) Ltd.
- Final Decision:
Appeals of the Revenue were dismissed; decision in favor of the assessee.
Important
Clarifications
- RPM is preferred when:
- The assessee is a pure distributor/trader
- No or insignificant value addition is made
- TNMM may not be appropriate where:
- Gross margins (not net margins) are the key indicator
- RPM loses reliability if:
- Significant value addition or processing is involved
Link to download the order
-https://delhihighcourt.nic.in/app/showFileJudgment/60812102023ITA342019_133243.pdf
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