Software Development Services Pricing Dispute: ITAT Mandates Comprehensive Comparability Analysis and Recalibration of Transfer Pricing Assessment

ITAT adjudicated transfer pricing dispute regarding software development services benchmarking. The Tribunal comprehensively examined functional comparability, rejecting assessee's internal Transactional Net Margin Method (TNMM) due to insufficient evidence demonstrating comparable enterprise characteristics. Key determinations included: 1. Excluding five major IT companies based on turnover disparities 2. Retaining three initially contested comparable companies 3. Directing inclusion of eight previously considered companies 4. Mandating exclusion of two specific companies per Dispute Resolution Panel (DRP) directions The Tribunal ultimately directed Transfer Pricing Officer to recalibrate comparable company analysis, emphasizing strict adherence to statutory requirements under Section 92CA(3) and Rule 10B(5), thereby substantially modifying the original transfer pricing assessment. .....

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