The assessee, engaged in providing telecommunication networking services to its AE, treated foreign exchange gain arising from trade receivables as operating income and benchmarked its ITES transactions under TNMM. The TPO treated the foreign exchange gain as non-operating and modified the set of comparables. The Tribunal held that foreign exchange gain arising from trade receivables of international transactions forms part of operating income and must be considered while computing the PLI. The Tribunal further directed exclusion of functionally dissimilar comparables and inclusion of appropriate comparable companies in accordance with settled principles, and restored the matter to the AO/TPO for recomputation of the ALP. The appeal was partly allowed for statistical purposes. [AY. 2017-18]
Vodafone Global Services P. Ltd. v. Asst. CIT (2025) 130 ITR 323 (Pune)(Trib.)
S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Foreign exchange gain arising from trade receivables of international transactions constitutes operating income for computing PLI-Functionally dissimilar companies cannot be selected as comparables for benchmarking ITES transactions. [S.92BA]
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