Vishay Components India (P.) Ltd. v. ACIT (2021) 209 TTJ 664 / 198 DTR 102 (Pune)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Depreciation adjustment can be allowed for computation of operating profit, only if there is variance in the depreciation rates applied with the comparable. [S. 32]

The Tribunal held that, an adjustment in terms of sub-clause (iii) of rule 10B(1)(e) may be warranted when there is a difference in recording certain expenses on principle i.e., in the instant case, depreciation adjustment in the computation of Operating Profit can be allowed only when the rates at which the Assessee charged depreciation on fixed assets are at variance with rates at which the chosen comparables charged depreciation. It was for the verification of this, that the Tribunal had restored the matter earlier, and not to adjudicate the proposition already rejected. Further heeding to the plea of the Assessee for providing another opportunity to furnish this data, the Tribunal restored to the file of AO/TPO for deciding this issue afresh in the light of new calculation sheet(s). (AY. 2007-08, 2008-09)