TMI Blog2022 (1) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... . Accordingly, we set aside the order passed by the AO on this issue and restore the same to the file of AO/TPO for examining it afresh duly considering the additional evidences furnished and also the information and explanations that may be furnished by the assessee. Computation of deduction u/s. 10AA by not including items that were excluded from export turnover from the total turnover - HELD THAT:- AO held that these expenses would fall under the category of delivery of articles or tools or computer software outside India or expenses incurred in providing the technical services outside India as per explanation 1(i) to Section 10AA. Accordingly he took the view that these expenses have to be reduced from export turnover while computi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C(13) of the Income-tax Act, 1961 ['the Act' for short] for assessment year 2012-13 in pursuance of directions issued by Ld. Dispute Resolution Panel (DRP). The grounds urged by the assessee relate to the following two issues:- a) Transfer pricing adjustment made in respect of payment of Corporate management services b) Computation of deduction u/s. 10AA of the Act by not including items that were excluded from export turnover from the total turnover. 2. The facts relating to the case are stated in brief. The assessee company is engaged in the business of processing electronic, financial and payment transactions and ATM shared network. It has entered into several international transactions with its Associated Enterprise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be admitted. The Ld. A.R. invited our attention to the written submissions furnished by him and submitted that the assessee has explained the necessity of making payment of corporate management fee to its A.E. Accordingly he prayed that this issue may be restored to the file of the AO/TPO for examining the same afresh considering the additional evidences and explanations furnished by the assessee. 5. The Ld. D.R, on the contrary, supported the orders passed by TPO and Ld. DRP. He also submitted that additional evidences furnished by the assessee requires examination at the end of AO/TPO. 6. We heard rival contentions on this issue and perused the record. The Ld. A.R has furnished written submissions, wherein it is stated as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee operates. 2.5 Incidental to the operation of the unique ITP platform, there are certain activities/services which are related to the operation of the ITP platform which can also be rendered only by the personnel from the AE who are well versed in the activities of the ITP platform and are fully integrated with the Group's business. The assessee paid technical support charges to the AE for the direct and indirect services availed and these charges were classified as Corporate Management Fee 2.6 Therefore, these Corporate Management Fee are linked and related to the core business of the assessee and are a necessary part of the other charges paid to the AE like, Switch, AMC and maintenance fee, license fee etc. 2.7 Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, invoices, email correspondences were submitted to the TPO as Annexure to the submissions made, vide letter dated 27.01.2016 (Page No. 161 of PB). However, the TPO disregarded the evidences and had erroneously stated that the assessee did not file any evidence for rendering of the services 4.2 As the annexure to the submission dated 27.01.2016 containing the evidences was inadvertently omitted to be placed in the paper book, these evidences have been filed before the Hon'ble Tribunal as Additional Evidence, vide letter dated 9.12.2021 4.3 The TPO was wrong in stating that the assessee did not furnish any evidence for receipt of services (Para 3.3 of the TP order) 4.4 While the DRP has fairly accepted that the assessee s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uires to be admitted. Accordingly, we admit them. We also notice that the details of various facilities availed by the assessee from its AE as well as the nature of services provided by the AE to the assessee have not been correctly appreciated by the AO/TPO. Accordingly, we are of the view that this issue requires fresh examination at the end of the AO/TPO. Accordingly, we set aside the order passed by the AO on this issue and restore the same to the file of AO/TPO for examining it afresh duly considering the additional evidences furnished and also the information and explanations that may be furnished by the assessee. 8. The next contested by the assessee is with regard to the computation of deduction u/s. 10AA. The assessee had claime ..... X X X X Extracts X X X X X X X X Extracts X X X X
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