Transfer Pricing Provisions under the Income Tax Act

This case involves cross-appeals concerning transfer pricing adjustments made to international transactions for software development and IT-enabled services. The assessee argued that the Assessing Officer, Transfer Pricing Officer, and Dispute Resolution Panel erred in adjusting the transfer price and rejecting the taxpayer's transfer pricing documentation. The appeal also questioned the rejection of the assessee's comparability analysis and the conduct of a fresh analysis by the revenue.

IN THE INCOME TAX APPELLATE TRIBUNAL
‘C’ BENCH : BANGALORE

BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER
AND
SMT. BEENA PILLAI, JUDICIAL MEMBER

IT(TP)A No.208/Bang/2016
Assessment Year : 2011-12 

M/s Altisource Business
Solutions Pvt.Ltd.,
Pritech Park,Survey number
51 to 64/4,Block Number12,3rd Floor A wing,Bellandur
village,Sarjapur Marathahalli
Outer Ring Road,
Bangalore-560103.
PAN – AAACO9467A
APPELLANT 

Vs.

Asst. Commissioner of
Income-Tax,
Circle -1(1)(1),
Bangalore.
RESPONDENT

IT(TP)A No.209/Bang/2016
Assessment Year : 2011-12 

Asst. Commissioner of
Income-Tax,
Circle -1(1)(1),
Bangalore. 
APPELLANT 

Vs.

M/s Altisource Business
Solutions Pvt.Ltd.,
Pritech Park,Survey
number 51 to 64/4,Block
Number-12,3rd Floor A
wing,Bellandur
village,Sarjapur
Marathahalli Outer Ring
Road,
Bangalore-560103.
PAN – AAACO9467A
RESPONDENT

Assessee by : Shri K.R Vasudevan, Advocate
Revenue by : Shri Shishir Srivastava, CIT

Date of Hearing : 07-04-2021
Date of Pronouncement : 02-07-2021

ORDER

PER BEENA PILLAI, JUDICIAL MEMBER

 The present cross appeals have been filed by assessee as well as revenue against order dated 21/12/2015 passed by the Ld.ACIT Circle 1(1)(1) Bangalore under section 143 (3) read with section 144C(5) read with section 144C(13) of the Act, for assessment year 2011-12 on following grounds of appeal:

ITA No.208/B/2016

The learned Assessing Officer ("learned AO"), learned Transfer Pricing Officer

("learned TPO") and the Honourable Dispute Resolution Panel ("Hon'ble DRP") grossly erred in adjusting the transfer price by INR 15,17,38,598/- of the Appellant's international transactions with its Associated Enterprises ("AEs") with respect to the Software Development Services ("IT") and IT Enabled Services ("ITeS") rendered by the tax payer u/s 92CA of the Income- tax Act, 1961.

2. The learned AO/learned TPO/Hon'ble DRP erred in rejecting the TP documentation maintained by the Appellant by invoking provisions of subsection (3) of 92C of the Act.

3. The learned AO/learned TPO/Hon'ble DRP erred in rejecting comparability analysis carried in the TP documentation and in conducting a fresh comparability analysis by introducing various filters in determining the ALP.

4. The learned AO/learned TPO/Hon'ble DRP erred in not considering the previous two years financial data of the comparable companies while determining the ALP. 

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