2020 (1) TMI 248 - AT - Income Tax

TP Adjustment - comparable selection - HELD THAT - Assessee is engaged in providing technical, project management, marketing and sales support services thus companies functionary dissimilar with that of assessee or showing any unexceptional or extraordinary event need to be deselected from final list.

Issues Involved:
1. Exclusion of certain comparables due to high turnover.
2. Rejection of comparables based on abnormal profits.
3. Computation of margins of M/s Quintegra Solutions Ltd.
4. Inclusion of Tata Elxsi Ltd as a comparable.
5. Exclusion of Bodhtree Consulting Ltd and Geometric Software Solutions Ltd.
6. Inclusion of M/s VJIL Consulting Ltd.
7. Computation of deduction under section 10A of the I.T. Act.

Detailed Analysis:

1. Exclusion of Certain Comparables Due to High Turnover:
The Tribunal upheld the exclusion of Flextronics Software Systems Ltd, Infosys Technologies Ltd, iGate Global Solutions Ltd, Satyam Computers Services Ltd, and L&T Infotech Ltd due to their high turnover, which was significantly higher than that of the assessee. The Tribunal noted that turnover filter is an important criterion and companies with turnover exceeding ?200 crores are not comparable to the assessee, which had a much lower turnover. The Tribunal cited previous decisions, including Genesis Integrating Systems India Pvt. Ltd vs DCIT, to support this view.

2. Rejection of Comparables Based on Abnormal Profits:
The Tribunal upheld the exclusion of Exensys Software Solutions Ltd and Thirdware Solutions Ltd. Exensys Software Solutions Ltd was excluded due to an extraordinary event of amalgamation, leading to abnormal profits. Thirdware Solutions Ltd was excluded because it was engaged in both software development services and sale of software products without segmental details. The Tribunal directed the TPO to call for information under section 133(6) to verify the nature of services provided by Thirdware Solutions Ltd.

3. Computation of Margins of M/s Quintegra Solutions Ltd:
The Tribunal directed the TPO to verify the margins of M/s Quintegra Solutions Ltd. The CIT(A) had taken the margin of this comparable to be 8.77% against 37.78%. The Tribunal instructed the TPO to call for information from the company under section 133(6) to ascertain the correct margin.

4. Inclusion of Tata Elxsi Ltd as a Comparable:
The Tribunal upheld the exclusion of Tata Elxsi Ltd, noting that it was engaged in research and development activities resulting in the creation of intellectual property rights, making it functionally different from the assessee. Tata Elxsi Ltd also owned significant intangibles and was economically different from the assessee, a captive service provider.

5. Exclusion of Bodhtree Consulting Ltd and Geometric Software Solutions Ltd:
The Tribunal upheld the exclusion of Bodhtree Consulting Ltd and Geometric Software Solutions Ltd. Bodhtree Consulting Ltd was engaged in product development and offered product solutions, lacking segmental revenue breakup. Geometric Software Solutions Ltd was predominantly an engineering company involved in product lifecycle management services, with no segmental breakup available. Both companies were found to be functionally different from the assessee.

6. Inclusion of M/s VJIL Consulting Ltd:
The Tribunal directed the TPO to re-examine the inclusion of M/s VJIL Consulting Ltd. The TPO had initially proposed this comparable but later rejected it without any reason. The Tribunal instructed the TPO to provide the details obtained under section 133(6) to the assessee and carry out a FAR analysis.

7. Computation of Deduction Under Section 10A of the I.T. Act:
The Tribunal upheld the CIT(A)'s decision to include telecommunication expenses while computing the deduction under section 10A, following the decision of the Karnataka High Court in CIT vs Tata Elxsi Ltd. The Tribunal directed the AO to include telecommunication expenses while computing the exempt income under section 10A.

Conclusion:
The Tribunal's order resulted in the partial allowance of the revenue's appeal for statistical purposes and the allowance of the assessee's cross-objection. The Tribunal emphasized the importance of functional similarity and contemporaneous data in comparability analysis, upholding the exclusion of certain high-turnover and functionally dissimilar comparables. The Tribunal also directed re-examination and verification of certain comparables and computations by the TPO.

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