Opterna Technologies Private Limited Vs Assessment Unit (National Faceless Assessment Centre)(‘NFAC’) Deputy/ACIT (ITAT Delhi)
ITAT Delhi directs segment-wise ALP, includes Fiberfox comparable and rejects notional interest on AE dues for Opterna Technologies, remits Section 68 issue.
Overview: This case involves an appeal by Opterna Technologies Private Limited against an order from the Assessment Unit (National Faceless Assessment Centre) for the assessment year 2020-21. The appeal was heard by the Income Tax Appellate Tribunal (ITAT) Delhi Bench, with the order pronounced on May 7, 2025.
Facts of the case: Opterna Technologies Pvt. Ltd., engaged in manufacturing and trading of communication systems and optical fiber cables, declared an income of ₹51,880 for AY 2020–21. The company maintained separate transfer pricing documentation for its Trading and Service segments. During scrutiny, the TPO rejected the segmental analysis due to lack of audited segmental data and disproportionate employee costs, and instead computed ALP at the entity level. The TPO also excluded Fiberfox India Pvt. Ltd. as a comparable, imposed notional interest on delayed receivables from AEs, and added ₹95.96 lakh under Section 68 for unexplained credits.
Legal issues:
ALP Computation: Whether ALP should be computed segment-wise or at the entity level.
Comparable Selection: Whether Fiberfox India Pvt. Ltd. should be included as a comparable.
