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TMI Blog2015 (5) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... count. Hence, we allow the ground with respect to reimbursement of expenditure raised by the assessee before us. X X X X Extracts X X X X X X X X Extracts X X X X ..... r : S.No. Company Name OP Margin on Total Cost (%) 1. Akshay Software Technologies Ltd., 12.41% 2. Bodhtree Consulting Ltd., 68.43% 3. Comp-U-Learn Tech India Ltd., 28.00% 4. Igate Global Solutions Ltd., 21.97% 5. Infosys Ltd., 41.34% 6. Kals Information Systems Ltd., (seg.) 23.11% 7. LGS Global Ltd., 20.51% 8. Mindtree Ltd., (Seg.) 5.56% 9. Neilsoft Ltd., 9.05% 10. Persistent Systems Ltd., 18.49% 11. R S Software (India) Ltd., 9.99% 12. R Systems International Ltd., (Seg.) 17.53% 13. Sasken Communication Technologies Ltd., 17.30% 14. Tata Elxsi Ltd., (Seg.) 22.82% 15. Thinksoft Global Services Ltd., 20.80% 16. Thirdware Solutions 22.28% 17. Zylog Systems Ltd., 15.00% 3.1. The Ld. Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Copy of Financials of assessee for the A.Y. 2009-10 3-12 3.3. The Ld. Counsel for the assessee submitted that the reimbursement of expenditure of ₹ 1,06,49,141 does not figure in the P & L account and is merely balance sheet entry and not debited to the P & L account. It was also submitted that the A.O. has also agreed that the reimbursement of expenditure is not part of the P & L account. 4. We have heard both the parties and also perused the material available on record. The Coordinate Bench of Bangalore Tribunal in the case of Cisco Systems India P. Ltd., vs. DCIT IT(T.P.)No.130/Bang./2014 dated 14.08.2014 has excluded Infosys Ltd., Bodhtree Consulting Ltd., and Kals Information Systems. The Coordinate Bench of Hyderabad Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter back to the file of the TPO to examine the facts and to exclude only in the case the said amount is reimbursement of expenditure and there was no claim by the assessee in its computation of income. Ground No.9 of the assessee is allowed for statistical purposes. 5.1. However, in this case we find that the A.O. himself has agreed that the reimbursement of expenditure does not figure in the P & L account and perusing the paper book at pages 1, 3 and 11 we are convinced that it is only a balance sheet entry and not debited to the P & L account. Hence, we allow the ground with respect to reimbursement of expenditure raised by the assessee before us. 6. In the result, appeal of the assessee is allowed. Order pronounced in the open Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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