Functional comparability of IT-enabled BPO service providers...

Functional comparability of IT-enabled BPO service providers requires exclusion of entities with materially different business models, including providers that outsource most services, operate at a substantially larger branded scale, perform high-end KPO or engineering-design functions, or lack relevant segmental information. A consistently accepted comparable may remain included where no material distinction exists. These principles supported deletion of the transfer-pricing adjustment. IT-enabled back-office and data-processing services covered by notified activities qualify as export of computer software for the claimed deduction. Where identical deductions were allowed in earlier years and circumstances remain unchanged, the consistency principle supports allowance. The Revenue's appeal was dismissed.