Here Solutions India (P.) Ltd. v. ACIT [2025] 128 ITR 454 (Mum) (Trib)

S. 92C : Transfer pricing -Arm’s length price-Avoidance of tax-International transaction-Selection of comparables -Companies engaged in diversified activities without segmental results-Functionally not comparable –Addition was deleted. [S.92CA]

The assessee, engaged in providing digital map data for vehicle navigation, internet and wireless applications and business solutions to its associated enterprises, benchmarked its international transactions under the Transactional Net Margin Method (TNMM). During transfer pricing proceedings, the Transfer Pricing Officer rejected certain comparables selected by the assessee and included companies engaged in diversified business activities despite the absence of reliable segmental information. Tribunal held that a company deriving revenue from multiple business streams without reliable segmental accounts cannot be regarded as functionally comparable for transfer pricing analysis. Where relevant segmental data relating to software development services or IT-enabled services is unavailable, such company is liable to be excluded from the final set of comparables. Accordingly, the Transfer Pricing Officer was directed to exclude the disputed comparables from the benchmarking analysis.(AY.)

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