year under consideration, the assessee provided
software development services (CSD) , information technology
enabled services (ITES), marketing support services (MSS) to its
associated Enterprises ... that Eclerx and Vishal
are into KPO services. According to him, although KPO services were
ITES but the nature of these services were materially different
ITES services in the nature of legal support
services, data processing, legal database and other administrative
support services to its AE. Further, ITES services provided ... Datamatics Financial Services Ltd. 3.05
v. e4e Healthcare Business Services Pvt. Ltd. 31.68
vi. e-Clerx Services Limited 46.98
vii. Informed Technologies India Ltd. 23.13
Assessee
technology enabled services including
Global Business Processing and support of services. These kinds of
services cannot be held to be low end services. Assessee cannot ... make the services provided as
high end services Provider."
Tribunal noted that the services provided are different from KPO
services provider
determining the ALP of provision of engineering Services
and IT enabled services [ITES] and in proposing a transfer
pricing adjustment ... from the IT Services, BPO
services or KPO services. Hence, engineering services cannot be ideally
compared with KPO or BPO services. He also brought
that the KPO (Knowledge, Process
and Outsourcing) services are neither the IT Software services nor the ITES
services. For this proposition, assessee relied on various ... publishing of Safe Harbour Rules defines clearly the KPO
services from that of BPO services/ITES services.
19. On hearing both the parties, we find
assessee company carried out software development
service and Information Technology enabled Services (ITeS) to its Associate
Enterprise (AE).
3. A search and seizure operation under ... appropriate methodology for determining the transfer pricing
for IT and ITES services. The authorities below are not justified
in rejecting the Cost plus Methodology without
entered by the assessee with its associated
enterprise namely, IT Enabled Services(ITEs), subscription and
redemption of Preference share capital; and, Guarantee commission
on intra ... adjustment of Rs.4,47,84,556/- made in respect of ITE
Services segment, and such issues are manifested in Grounds of appeal
services in the category of engineering design services
to its AE. However, reiterated its observations with regard to
recharacterization of services as the ITES ... design services. The TPO has accepted the fact that the assessee
is mainly providing engineering design services, however, recharacterized
services into KPO services without assigning
time of execution of BPO services, therefore, these
technical services are not independent software development
services. The relevant observation and the findings ... services,
investment, reconciliation, reporting etc. Though these
services may be slightly more than BPO services and at par
with high end IT enabled services
engaged in the provision of back office support services, i.e. Information
Technology enabled Services (ITeS) and Software Development Services
(SWD) services to Data Tree ... assessment year 2010-11, the assessee provided SWD
services and ITE services to its Associated Enterprises, viz. Data Tree and
FATICO
