Vimal Gandhi, President. - This appeal by the Taxpayer E-Gain Communication Pvt. Ltd., a non-resident company, is directed against the order of the ld. Commissioner of Income-tax (Appeals) [‘CIT(A)’ in short], confirming addition of Rs. 1,08,62,537 on account of adjustment in the arm’s length price under the provisions of section 92CA(3) of the Act for services rendered by the taxpayer to its parent company in USA.

2. The assessee company is engaged in the business of software product development and is 100 per cent EOU unit approved by Software Technology Park of India under STPI Scheme. It is also taken as leading provider of customer service and contact centre software based on integrated communication platform. The taxpayer has further claimed exemption under section 10A of the Income-tax Act. As per the audited accounts filed by the taxpayer, it has shown the total export turnover of Rs. 10,25,68,917 from which it derived profit of Rs. 46,95,254.

3. The Assessing Officer, after noticing the details of transactions of the taxpayer with its associated concerns, referred the case to the Transfer Pricing Officer (TPO) for computation of arm’s length price as per his letter date