2021 (3) TMI 1400 - AT - Income Tax

Tribunal grants relief in transfer pricing appeal, excludes comparables, rejects adjustment.

The Tribunal partially allowed the appeal of the appellant, directing the exclusion of two comparable companies and rejecting the negative working capital ... TP Adjustment - comparable selection - HELD THAT:- Assessee is engaged in the business of providing software development services in the field of leasing, loan accounting and portfolio management solutions, thus companies functionally dissimilar with that of assessee need to be deselected. As relying on M/S. EMC SOFTWARE AND SERVICES INDIA PRIVATE LIMITED case [2019 (7) TMI 1921 - ITAT CHENNAI] we direct exclusion of Larsen & Toubro Infotech Ltd. and Persistent Systems Ltd. from the list of comparable companies. Negative working capital while making Transfer Pricing adjustment - HELD THAT:- We notice that the issue relating to negative working capital has been examined by the co-ordinate bench of Tribunal in the case of ACIT vs. M/s e4e Business Solutions India P Ltd [2020 (12) TMI 1255 - ITAT BANGALORE] and it was held that negative working capital adjustment is not required in the case of a captive service provider, since it is fully insulated by its AE against working capital risks.Thus we direct the AO/TPO not to make negative working capital adjustment. Issues:1. Exclusion of comparable companies in transfer pricing assessment.2. Treatment of negative working capital in transfer pricing adjustment.Analysis:1. The appellant, a subsidiary providing software development services, challenged the assessment order under the Income-tax Act, 1961, specifically pressing for the exclusion of two comparable companies and a negative working capital adjustment made by the Transfer Pricing Officer (TPO). The TPO rejected the appellant's transfer pricing study and selected 10 comparable companies with an average margin of 22.63%. The Dispute Resolution Panel (DRP) excluded 6 comparables and retained 4, prompting the appellant to seek the exclusion of Larsen & Toubro Infotech Ltd. and Persistent Systems Ltd. The Tribunal directed the exclusion of these companies based on previous decisions, providing relief to the appellant.2. The second issue revolved around the consideration of negative working capital in transfer pricing adjustments. The appellant argued that negative working capital should be disregarded, citing a decision by a co-ordinate bench in a similar case. The Tribunal examined the economic rationale behind working capital adjustments, emphasizing the impact on comparability and profitability. Referring to previous decisions, the Tribunal concluded that negative working capital adjustment was not warranted for a captive service provider like the appellant, fully supported by its parent company. Following this reasoning, the Tribunal directed the Assessing Officer/TPO not to make negative working capital adjustments, providing further relief to the appellant.In conclusion, the Tribunal partially allowed the appeal of the appellant, addressing both issues raised effectively and providing detailed justifications based on legal precedents and economic principles.