Yokogawa IA Technologies India P. Ltd v.Dy.CIT(2020) 180 ITD 621 (Bang.)(Trib.)

S. 92C : Transfer pricing–Arm’s length price–Comparable-Directed the TPO to compute margins by taking foreign exchange fluctuations gains/loss as part of operating income both in the case of the assessee and comparable companies.

Tribunal held that when this company is engaged in diversified activities of software development and consultancy, engineering services, web development & hosting and substantially diversified itself into domain of business analysis and business process outsourcing then the same cannot be regarded as functionally comparable with that of the assessee who is rendering software development services to its AE.  Tribunal directed the TPO to compute margins by taking foreign exchange fluctuations gains/loss as part of operating income both in the case of the assessee and comparable companies.(AY. 2010-11)