Seoyon E-Hwa Automotive Chennai P. Ltd v. Dy. CIT (2023)101 ITR 130 (Chennai) (Trib)

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax –Adopted Transactional net margin method in previous years-Adopted Internal comparable uncontrolled price method in subsequent years as most appropriate-No explanation-Matter remanded to T.P.O to reconsider transfer pricing adjustment to justify appropriate method.

 

Held, that the assessee in its initial year of operations had adopted the transactional net margin method as the most appropriate method. However, in subsequent AY.s and from the AY. 2012-13 onwards, it had followed the internal comparable uncontrolled price method as the most appropriate and claimed that the Transfer Pricing Officer had accepted internal comparable uncontrolled price method followed by the assessee. If the internal comparable uncontrolled price method was the most appropriate method to be followed to determine arm’s length price of international transactions, then why the transactional net margin method had been selected earlier was not explained by the assessee. The Assessing Officer/Transfer Pricing Officer was to reconsider the issue of transfer pricing adjustment, after giving opportunity of hearing to the assessee to justify its case that the internal comparable uncontrolled price method was the most appropriate method.(AY. 2011-12)