The Tribunal held that Companies having Composite Data of Revenue and Margins of company pertaining to sale of software services and products, companies engaged in diversified activities and earning revenue from various activities and no segmental data available, companies not passing Employee Cost Filter, cannot be taken as comparable. It further that the working capital adjustment was made for the time value of money lost when credit time was given to the customers. The assessee was a captive service provider entirely funded by its associated enterprise and had no working capital contingencies. The assessee had not incurred any expenses for meeting the working capital requirement and was running the business without any working capital risk. The assessee did not bear any market risk as the services were provided only to its associated enterprises. Therefore, the requirement for adjustment of negative working capital did not arise. The Tribunal held that companies Having Composite Data Of Revenue And Margins Of Company Pertaining To Sale Of Software Services And Products, Companies Engaged In Diversified Activities And Earning Revenue From Various Activities And No Segmental Data Available, Companies Not Passing Employee Cost Filter, Cannot Be Taken As Comparable. It was held for the claim to deduction towards provision for rental expenses based on the possibility of increase in rental expenses, the assessee had not given any basis for its anticipated liability towards rental expenses nor had it quantified the basis of arriving at the anticipated liability. (AY.2011-12)
Harman Connected Services Corporation India P. Ltd. v. Dy. CIT (2022)95 ITR 1 (Bang)(Trib)
S. 92C : Transfer pricing-Arm’s length price-Working capital adjustment-No expenses incurred for Meeting working capital requirement-Question of adjustment on negative working capital does not arise–Selection of comparables-Assessee engaged in provision of software development and related services-Rejection of rental expenses held to be proper. [S. 92CA]