Section 92C: E-business services isn’t comparable to software development

Company rendering e-business services isn’t comparable to software development service provider

[2015] 56 taxmann.com 386 (Pune - Trib.)

IN THE ITAT PUNE BENCH 'B'

Barclays Technology Centre India (P.) Ltd.

v.

Assistant Commissioner of Income-tax, Circle-1 (1), Pune

Where TPO made addition to assessee's ALP in respect of rendering software development services to its AE, in view of fact that one comparable selected by TPO was rendering e-business services whereas another one was developing its own software products and thus there existed functional difference, impugned addition deserved to be set aside