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Software development services provider was incomparable to engineering services provider

November 8, 2019[2019] 111 taxmann.com 78 (Bengaluru – Trib.)

TRANSFER PRICING: Where assessee was providing software development services to its AEs, a company engaged in engineering services was incomparable

TRANSFER PRICING: Where a company was engaged in software products and software solutions and no segmental details were available, said company was to be excluded from list of comparables of assessee providing software development services

TRANSFER PRICING: Where profit and loss account of a company showed break up of sales towards exports of software services, domestic software services and sale of product, said company was to be included in list of comparables of assessee providing software development services

TRANSFER PRICING: Where assessee was providing software development services, and contended to include a company as comparable on ground of functional similarity relying on decision in WM Global Technology Services (India) (P.) Ltd. v. Asstt. CIT [2018] 91 taxmann.com 403 (Bengaluru - Trib.), disputed issue was to be restored to TPO for fresh examining

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