Tribunal deletes income addition for software services, adjusts Transfer Pricing study, excludes notional interest.

M/s Pitney Bowes Software India Pvt. Ltd. Versus Addl. C.I.T, Special Range -7, New Delhi

M/s Pitney Bowes Software India Pvt. Ltd. Versus Addl. C.I.T, Special Range -7, New Delhi - TMI Issues:
1. Addition of Rs. 6.87 crores to the income of the assessee for software development services.
2. Exclusion of specific comparables in Transfer Pricing study.
3. Imputation of notional interest on outstanding receivables from the AE.

Analysis:
1. The appeal pertained to the addition of Rs. 6.87 crores to the assessee's income due to a difference in arm's length price for software development services. The assessee used TNMM with OP/OC as PLI and selected 7 comparables with an average margin of 8.36%. The TPO rejected 4 comparables, leading to adjustments. The Tribunal found the exclusion of these comparables unjustified, bringing the margin within an acceptable range, resulting in the deletion of the addition.

2. The TPO's exclusion of certain comparables like Birla Soft India Ltd, Wipro Ltd, Larsen & Toubro Infotech Ltd, and Tata Technologies Ltd was challenged. Each company was analyzed individually. Birla Soft India Ltd was excluded due to high related party transactions. Wipro Ltd was excluded based on significant intangibles and brand presence, following a High Court and Supreme Court decision. Larsen & Toubro Infotech Ltd was excluded due to unallocable expenses in its segmental reporting. Tata Technologies Ltd was excluded for having related party transactions exceeding 25%.

3. The second issue involved the imputation of notional interest on outstanding receivables. After excluding the aforementioned comparables, the margin was within an acceptable range. The Tribunal ruled that since the margin aligned with comparables, no separate imputation of interest was warranted, directing the deletion of the addition of Rs. 81,649. Consequently, the appeal was allowed, and the addition was deleted.

This detailed analysis of the judgment highlights the key issues and the Tribunal's reasoning behind each decision, providing a comprehensive overview of the legal aspects involved in the case.