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Freight forwarding co. couldn't be compared with co. engaged in road transportation business

February 11, 2020[2020] 113 390 (Delhi - Trib.)

TRANSFER PRICING : Company earning revenue from goods transport, bus operation, sale of wind power and air charter business about which segmental accounts were also not clear could not be accepted as comparable for assessee company engaged in business of international air and ocean export and imports shipments

TRANSFER PRICING : Assessee company engaged as non-vessel owning freight forwarding company could not be compared to company engaged in road transportation business

TRANSFER PRICING : Where assessee company was engaged as non vessel owning freight forwarding company providing logistics services, a Government company earning income from warehousing charges, marketing facilitation fees, container rail transport, strategic alliance etc. whose segmental details were also not available, could not be a valid comparable

TRANSFER PRICING : Where TPO had applied RPT filter of 25 per cent for bench marking assessee's international transaction, company exceeding RPT of 37.10 per cent failed RPT filter as applied by TPO so as to be selected as comparable

TRANSFER PRICING : Where assessee paid certain IGS charges to its AE stated to be cost reimbursements for receiving intra group services (IGS) and TPO noting that assessee had failed to demonstrate need and benefits derived from such services took arm's length price of IGS at NIL and made an adjustment, matter was to be restored to file of TPO to examine rendition of services with supporting evidence

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