2019 (9) TMI 1677 - AT - Income Tax

TP Adjustment - comparable selection - HELD THAT - Exclusion of companies as functionally not comparable with captive service provider. Non treating provision for doubtful debts, provision for warranty is, provision for doubtful deposits as operating expenses - AR contends that Ld. AO while computing margins of the comparables has not included certain provisions - HELD THAT - Wedirect Ld. AO to compute the provisions claimed in case of comparables by considering those which pertains to the year under consideration.

Issues Involved:
1. Inclusion of Universal Print Systems Limited as a comparable.
2. Inclusion of BNR Udyog Ltd. as a comparable.
3. Inclusion of Excel Infoways Ltd. as a comparable.
4. Inclusion of Infosys BPO Ltd. as a comparable.
5. Inclusion of TCS E-Serve Ltd. as a comparable.
6. Computation of working capital adjustment for back-office support services segment.
7. Incorrect computation of the margin of Microgenetics Systems Ltd.
8. Non-consideration of certain expenses as operating in nature.

Detailed Analysis:

1. Inclusion of Universal Print Systems Limited as a Comparable:
The assessee argued that Universal Print Systems Limited should be excluded as a comparable because it is functionally dissimilar and fails the employee cost filter. The Tribunal noted that this company is primarily engaged in the sale of products and services, unlike the assessee, who provides services only to its AE on a cost-plus basis. The Tribunal remanded this comparable back to the TPO/AO for fresh adjudication, following the decision in Zyme Solutions Pvt. Ltd. vs. ACIT.

2. Inclusion of BNR Udyog Ltd. as a Comparable:
The assessee contended that BNR Udyog Ltd. should be excluded because it fails the RPT filter and is functionally dissimilar. The Tribunal observed that BNR Udyog Ltd. provides medical transcription services, which are considered back-office services and not high-end KPO services. The Tribunal remanded this comparable back to the TPO for fresh consideration, following the decision in Indegene (P) Ltd. vs. ACIT.

3. Inclusion of Excel Infoways Ltd. as a Comparable:
The assessee argued that Excel Infoways Ltd. should be excluded due to functional dissimilarity and failure of the employee cost filter. The Tribunal noted that this company is engaged in customer care services and managing client business relations, which are different from the services provided by the assessee. The Tribunal directed the TPO to exclude this comparable, following the decision in Baxter India Pvt. Ltd. vs. ACIT.

4. Inclusion of Infosys BPO Ltd. as a Comparable:
The assessee objected to the inclusion of Infosys BPO Ltd. due to functional incompatibility and the presence of intangibles. The Tribunal noted that Infosys BPO Ltd. owns a significant brand and incurs substantial selling and marketing expenses, making it incomparable to a captive service provider like the assessee. The Tribunal directed the exclusion of this comparable, following the decision in Zyme Solutions Pvt. Ltd. vs. ACIT.

5. Inclusion of TCS E-Serve Ltd. as a Comparable:
The assessee contended that TCS E-Serve Ltd. should be excluded due to functional dissimilarity and the absence of segmental reporting. The Tribunal noted that TCS E-Serve Ltd. provides high-end KPO services and has significant brand-related expenses. The Tribunal directed the TPO to exclude this comparable, following the decision in Zyme Solutions Pvt. Ltd. vs. ACIT.

6. Computation of Working Capital Adjustment for Back-Office Support Services Segment:
The assessee argued that the working capital adjustment was wrongly computed. However, this issue was not explicitly detailed in the judgment provided.

7. Incorrect Computation of the Margin of Microgenetics Systems Ltd.:
The assessee claimed that the margin of Microgenetics Systems Ltd. was incorrectly computed. However, this issue was not explicitly detailed in the judgment provided.

8. Non-Consideration of Certain Expenses as Operating in Nature:
The assessee argued that provisions for bad debts, doubtful debts, and warranties should be considered as operating expenses. The Tribunal agreed, following the decision in Commscop Connectivity Services India Pvt. Ltd. vs. DCIT, and directed the AO to compute the provisions claimed in the case of comparables by considering those which pertain to the year under consideration.

Conclusion:
The appeal was partly allowed. The Tribunal directed the exclusion of certain comparables and remanded others for fresh adjudication. The Tribunal also directed the AO to consider certain provisions as operating expenses, following the relevant case laws.

← Previous Next →