Transfer pricing appeals: related party transactions, incomplete data, abnormal profit exclusion upheld

ACIT, Circle 3 (1), New Delhi Versus Convergys India Service (P) Ltd.

ACIT, Circle 3 (1), New Delhi Versus Convergys India Service (P) Ltd. - TMI Issues:
1. Exclusion of comparables based on related party transactions.
2. Inclusion of a company in the list of comparables with incomplete data.
3. Exclusion of a company from the list of comparables due to high abnormal profit.

Issue 1: Exclusion of comparables based on related party transactions:
The appeal involved a dispute over the exclusion of certain companies from the list of comparables due to related party transactions (RPTs) exceeding 25%. The Revenue challenged the exclusion of three companies based on RPTs of 34%, 39%, and 45%. The Tribunal referenced precedents where companies with over 25% RPTs were ignored. The Tribunal upheld the exclusion of two companies where RPTs were disclosed to the Transfer Pricing Officer (TPO) but sent back the case of the third company for verification by the TPO.

Issue 2: Inclusion of a company in the list of comparables with incomplete data:
The Department contested the inclusion of a company in the list of comparables without complete data. The Tribunal found no issue with the initial inclusion by the assessee, but faulted the lack of opportunity for the TPO to verify the profit margin calculation. The matter was remitted back to the AO/TPO for proper examination and verification.

Issue 3: Exclusion of a company from the list of comparables due to high abnormal profit:
The assessee raised a cross objection regarding the exclusion of a company from the list of comparables. The Tribunal rejected the contention that the company should not be excluded due to high abnormal profit, emphasizing that such exclusion could be considered if abnormal circumstances were proven. The matter was sent back to the TPO/AO for further evaluation, ensuring the assessee's right to be heard.

In conclusion, the appeals were partly allowed for statistical purposes, with the Tribunal providing detailed reasoning and directions for each issue raised, emphasizing the importance of adherence to transfer pricing regulations and fair evaluation of comparables in line with established legal principles.