EGain Communications Pvt.Ltd, Pune V. Deputy Commissioner of Income tax, Pune

ITA 2777/PUN/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6051 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-12-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 09-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T VIJAYA BHASKAR REDDY
• Keywords: Transfer pricing; International transaction; Wholly owned subsidiary; Tax effect; Set aside
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH C , PUNE BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI S .S. VISWANETHRA RAVI , J UDICIAL MEMBER I TA NO. 2777 /PUN/201 6 / ASSESSMENT YEAR : 20 10 - 11 EGAIN COMMUNICATIONS PVT. LTD., OFFICE NO.70 2, 7 TH FLOOR, B - 1, THE CEREBRUM IT PARK, VADGAON SHERI, KALYANI NAGAR, PUNE 411014 PAN : AAAC N9946R VS. D CIT CIRCLE - 1 (2) , PUNE APPELLANT RESPONDENT ITA NO. 535 /PUN/201 7 / ASSESSMENT YEAR : 20 11 - 12 DCIT CIRCLE - 1(2), PUNE VS. EGAIN C OMMUNICATIONS PVT. LTD., OFFICE NO.702, 7 TH FLOOR, B - 1, THE CEREBRUM IT PARK, VADGAON SHERI, KALYANI NAGAR, PUNE 411014 PAN : AAACN9946R APPELLANT RESPONDENT ITA NO. 511 /PUN/201 7 / ASSESSMENT YEAR : 20 11 - 12 EGAIN COMMUNICATIONS PVT. LT D., OFFICE NO.702, 7 TH FLOOR, B - 1, THE CEREBRUM IT PARK, VADGAON SHERI, KALYANI NAGAR, PUNE 411014 PAN : AAACN9946R VS. ACIT CIRCLE - 1(2), PUNE APPELLANT RESPONDENT A SSESSEE BY SHRI MADHUR AGARWAL RE VENUE BY SHRI T. VIJAYA BHASKAR REDDY DATE OF HEARING 10 - 0 2 - 2020 DATE OF PRONOUNCEMENT 14 - 0 2 - 2020 ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 2 / ORDER PER R.S.SYAL, VP : TH IS BATCH OF THREE APPEAL S COMPRISES OF ONE APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2010 - 11 AND TWO CROSS APPEALS FOR THE ASSESSMENT YEAR 2011 - 12. FOR THE SAKE OF CONVENIENCE, WE HAVE CLUBBED THESE APPEALS FOR DISPOSAL BY THIS CONSOLIDATED ORDER. A.Y. 2010 - 11 2. THE LD. AR SUBMITTED AT THE VERY OUTSET THAT THE ASSESSEE FILED APPEAL AFTER THE FILING OF THE APPEAL BY THE REVENUE AGAINST THE ORDER PASSED BY LD. CIT(A). SINCE THE REVENUES APPEAL HAS ALREADY BEEN DISMISSED BECAUSE OF LOW TAX EFFECT, THE LD. AR SUBMITTED THAT THE ASSESSEE WAS NOT INTERESTED IN PROSECUTING THE INSTANT APPEAL . HE MADE PRAYER FOR WITHDRAWAL OF THE APPEAL. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE REQUEST OF THE LD. AR. WE PERMI T THE ASSESSEE TO WITHDRAW THE APPEAL. 3. IN THE RESULT, AP PEAL IS DISMISSED AS WITHDRAWN . A.Y. 2011 - 12 4. THE ASSESSEE HAS PREFERRED THE INSTANT APPEAL AGAINST THE ORDER PASSED BY LD. CIT(A) ON 29.12.2016 GIVING CERTAIN ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 3 DIRECTIONS QUA THE TRANSFER PRICIN G AD DITION MADE BY THE ASSESSING OFFICER (AO) PURSUANT TO THE ORDER OF THE TRANSFER PRICING OFFICER (TPO) . THE REVENUE , IN ITS APPEAL, IS ALSO AGGRIEVED BY THE EXCLU SION OF FIVE COMPANIES FROM THE LIST OF COMPARABLES . 5 . BRIEFLY STATED, THE FACTS OF THE C ASE ARE THAT THE ASSESSEE IS A WHOLLY OWNED SUBSIDIARY OF EGAIN COMMUNICATION CORPORATION , USA (EGAIN , USA). IT WAS INCORPORATED IN INDIA IN 1999. THE ASSESSEE IS ENGAGED AS CAPTIVE SOFTWARE DEVELOPMENT SUPPORT SERVICE PROVIDER TO EGAIN , USA . THE WORK DONE BY THE ASSESSEE BELONGS TO THE PARENT COMPANY. THE ASSESSEE IS REMUNERATED AT COST PLUS 10% MARKUP. THE ONLY ACTIVITY CARRIED OUT BY THE ASSESSEE IS THAT OF RENDERING PRODUCT SOFTWARE DEVELOPMENT SERVICES TO ITS ASSOCIATED ENTERPRISE (AE). THE ASS ESSEE FILED ITS RETURN REPORT ING, INTER ALIA, AN INTERNATIONAL TRANSACTION OF RENDITION OF `S OFTWARE DEVELOPMENT SERVICES WITH TRANSACTED VALUE OF RS. 17,86,79,337/ - . THE AO MADE A REFERENCE TO THE TPO FOR DETERMINING THE ARMS LENGTH PRICE (ALP) OF THE I NTERNATIONAL TRANSACTION. THE TPO OBSERVED THAT THE ASSESSEE ADOPTED THE TRANSACTIONAL NET MARGIN METHOD (TNMM) AS THE MOST APPROPRIATE METHOD FOR BENCHMARKING THE ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 4 INTERNATIONAL TRANSACTION. THE ASSESSEE DECLARED ITS PROFIT LEVEL INDICATOR ( PLI ) OF OPERA TING PROFIT / OPERATING COST (OP/OC) AT 13.56% AS AGAINST THAT OF COMPARA BLES AT 5.54%. IN THE LIGHT OF THIS FACTUAL PANORAMA, I T WAS CLAIMED THAT THE INTERNATIONAL TRANSACTION WAS AT ALP. THE TPO DID NOT DISTURB THE APPLICATION OF THE TNMM AS MOST APPRO PRIATE METHOD NOR THE PLI. HE SIMPLY MADE CERTAIN INCLUSIONS AND EXCLUSIONS IN/ FROM THE LIST OF COMPARABLES PUT FORTH BY THE ASSESSEE AND ACCORDINGLY PROPOSED TRANSFER PRICING ADJUSTMENT OF RS.2,58,17,445/ - IN THE TRANS A CTION . THE LD. CIT(A) GAVE CERTAIN DIRECTIONS INCLUDING UPHOLDING THE INCLUSION OF E - INFOCHIPS LTD. AND DIRECTING TO EXCLUDE FCS SOFTWARE SOLUTIONS LTD., L &T INFO TECH LTD., PERSISTENT SYSTEMS LTD., INFOSYS TECHNOLOGIES LTD. AND SASKEN COMMUNICATION TECHNOLOGIES LTD. WHEREAS, T HE ASSESSEE IS AGGRIEVED BY THE INCLUSION OF E - INFOCHIPS LTD. IN THE LIST OF COMPARABLES, THE REVENUE HAS TRAINED ITS GUNS AGAINST THE EXCLUSION OF THE ABOVE NOTED FIVE COMPANIES. 6 . WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE RELEVANT MATERIAL ON RECORD. BEFO RE EMBARKING O N THE COMPARABILITY OR OTHERWISE OF THE COMPA NIE S CHALLENGED BY ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 5 BOTH THE SIDES, IT IS IMPERATIVE TO FIRST UNDERSTAND THE FUNCTIONAL PROFILE OF THE ASSESSEE. THE TPO HAS RECORDED ON PAGE 1 OF HIS ORDER THAT THE ASSESSEE IS A CAPTIVE SOFTWARE DEVELOPMENT AND SUPPORT SERVICE PROVIDER TO ITS USA BASED AE. HE HAS FURTHER RECORDED THAT THE ASSESSEE IS ENGAGED IN PROVIDING LOW END SOFTWARE DEVELOPMENT SERVICES TO ITS PARENT , WHICH ARE, IN TURN, BASED ON HIGH LEVEL DESIGN SUPPLIED BY T HE LATTER . TH US, IT IS APPARENT THAT THE ASSESSEE IS ENGAGED IN PROVIDING SOFTWARE DEVELOPMENT SERVICES TO ITS PARENT COMPANY, WHICH THEN COMBINES THE ASSESSEES EFFORT IN MAKING OUT A FINAL SOFTWARE PRODUCT. 7 . THE TPO PROPOSED THE INCLUSION OF E - INFOCHIPS LTD. IN THE LIST OF COMPARABLES, WHICH W AS RESISTED BY THE ASSESSEE SUBMITTING THAT E - INFOCHIPS LTD. IS A GLOBAL PRODUCT DESIGN SERVICES AND SOLUTIONS COMPANY PROVIDING END - TO - END PRODUCT ENGINEERING AND SE MICONDUCTOR SERVICES AND HENCE , CEASED TO BE C OMPARABLE. THE TPO DID NOT ACCEPT THE ASSESSEES CONTENTION BY FINDING THAT MORE THAN 50% OF THE REVENUE OF E - INFOCHIPS LTD. WAS FROM THE PROVISION OF SOFTWARE AND SOFTWARE CONSULTANCY SERVICES AND HENCE, WAS COMPARABLE. THE LD. CIT(A) ECHOED THE ASSESSMENT ORDER ON TH IS SCORE. ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 6 8 . THE TPO HAS DRAWN A CHART AT PAGE 25 OF HIS ORDER CONTAINING BREAK - UP OF THE FIGURES OF REVENUE BY E - INFOCHIPS LTD., WHICH TRANSPIRES INCOME FROM SOFTWARE SERVICES AT RS.19.21 CRORE (74%); CONSULTANCY CHARGES AT RS.2.90 CRORE (11%); AND HA RDWARE MAINTENANCE AT RS.3.92 CRORE (15%). WE HAVE GONE THROUGH THE PROFIT & LOSS ACCOUNT OF THIS COMPANY, A COPY OF WHICH IS AVAILABLE AT PAGE 773 OF PAPER BOOK . IT CAN BE SEEN THAT THE FIGURE OF TOTAL REVENUE GIVEN IN THE INCOME MATCHES WITH THE FIGURE S ADOPTED BY THE TPO. WHEN WE LOOK AT THE FIGURES OF EXPENSES, IT TURNS OUT THAT AS AGAINST E MPLOYE E S RELATED COST S OF RS.6.85 CRORE , THIS COMPANY INCURRED M ANUFACTURING AND OTHER OPERA TING EXPENSES OF RS.12.56 CRORE . THIS SHOWS THAT THIS COMPANY IS NOT ON LY ENGAGED IN RENDERING SOFTWARE DEVELOPMENT SERVICES BUT ALSO SUBSTANTIALLY INTO THE MANUFACTURING ACTIVITY, WHICH POSITION IS FURTHER CORROBORATED FROM THE AMOUNT OF I NVENTORIES SHOWN BY THIS COMPANY UNDER THE HEAD CURRENT ASSETS IN ITS BALANCE SHEE T A T RS.1.24 CRORE . THE SEGMENTAL INFORMATION HAS BEEN GIVEN IN THE A NNUAL REPORT, WHICH STATES THAT THE COMPANY IS PRIMARILY ENGAGED IN THE SOFTWARE DEVELOPMENT AND IT ENABLED SERVICES AND PRODUCTS, WHICH IS CONSIDERED THE ONLY REPORTABLE BUSINESS SEGMENT A S PER ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 7 ACCOUNTING STANDARDS - AS 17. IT IS FURTHER PROVIDED IN PARA 7 THAT : THE COMPANY IS ENGAGED IN DEVELOPMENT AND MAINTENANCE OF COMPUTER SOFTWARE AND SOFTWARE DEVELOPMENT CONSULTING AND ALSO MANUFACTURING EVM AND VDB ELECTR ONIC BOARD (HARDWARE DIVISION ) . ON GOING THROUGH THE ABOVE EXTRACTS FROM THE A NNUAL REPORT OF THIS COMPANY, IT IS BEYOND ANY SHADOW OF DOUBT THAT THIS COMPANY IS ALSO SUBSTANTIALLY ENGAGED IN MANUFACTURING SOFTWARE PRODUCTS AND THE FIGURES OF PROFIT AND OTHER EXPENSES ARE ON A CONSOL IDATED BASIS. IN OTHER WORDS, THERE IS NO SEGMENTAL INFORMATION AVAILABLE QUA RENDITION OF SOFTWARE DEVELOPMENT SERVICES , SIMILAR TO THAT OF THE ASSESSEE . IN VIEW OF THE FACT THAT THIS COMPANY, APART FROM RENDERING SOFTWARE DEVELOPMENT SERVICES, IS ALSO ENGAGED IN MANUFACTURING HARDWARE PRODUCTS, WE HOLD THAT IT LOSES ITS COMPARAB ILITY WITH THE ASSESSEE COMPANY, WHICH IS ENGAGED IN PROVIDING SOFTWARE DEVELOPMENT SERVICES ONLY AND THAT TOO, AS A CAPTIVE SERVICE PROVIDER. WE THEREFORE, ORDER TO EXCLUDE THI S COMPANY FROM THE LIST OF COMPARABLES. 9 . THE LD. AR SUBMITTED THAT IF E - INFOCHIPS LTD. IS EXCLUDED FROM THE LIST OF COMPARABLES, THEN THERE IS NO NEED TO ARGUE FURTHER ON OTHER ISSUES TAKEN UP BY THE ASSESSEE IN ITS APPEAL. ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 8 10 . NOW, WE ESPOUSE THE AP PEAL OF THE REVENUE IN CHALLENGING THE EXCLUSION OF FIVE COMPANIES , VIZ. , FCS SOFTWARE SOLUTIONS LTD., L & T INFO TECH LTD., PERSISTENT SYSTEMS LTD., INFOSYS TECHNOLOGIES LTD. AND SASKEN COMMUNICATION TECHNOLOGIES LTD. FCS SOFTWARE SOLUTIONS LTD. 11 . THE T PO INCLUDED THIS COMPANY IN THE LIST OF COMPARABLES . THE ASSESSEE OBJECTED TO THE INCLUSION BY CONTENDING THAT THIS COMPANY MADE SALES AT RS.115.99 CRORE, WHICH IS SEVERAL TIMES H IGHER THAN THE TURNOVER OF THE ASSESSEE COMPANY AT RS.17.87 CRORE. IN ADDIT ION, THE ASSESSEE ALSO GAVE CERTAIN OTHER REASONS JUSTIFYING ITS EXCLUSION, WHICH DID NOT FIND FAVOUR WITH THE TPO . HE INCLUDE D THIS COMPANY IN THE TALLY OF COMPARABLES. THE LD. CIT(A) DIRECTED TO EXCLUDE THE SAME. 12 . HAVING HEARD BOTH THE SIDES AND PERU SED THE RELEVANT MATERIAL ON RECORD, IT IS OBSERVED THAT THE LD. CIT(A) HAS RECORDED A N UNCONTROVERTED CATEGORICAL FINDING THAT THIS COMPANY EARNED 37% OF ITS REVENUE FROM IT CONSULTING (SOFTWARE DEVELOPMENT) ; 36% F ROM EDUCATION ; AND 27% FROM INFRASTRUCTUR E MANAGEMENT AND FURTHER THAT THE SEGMENTAL REVENUE BREAKUP H AS NOT BEEN PROVIDED IN THE A NNUAL REPORT. ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 9 WE HAVE GONE THROUGH THE A NNUAL REPORT OF THIS COMPANY. A C OPY OF STANDALONE PROFIT & LOSS ACCOUNT OF THIS COMPANY HAS BEEN PLACED AT PAGE 56 OF THE A NNUAL REPORT, WHICH GIVES INFORMATION ABOUT THE REVENUE FROM S OFTWARE DEVELOPMENT AND OTHER SERVICES AT RS.115.99 CRORE , WHICH IS THE FIGURE OF TOTAL REVENUE . A CLOSE LOOK AT THE E XPENDITURE SIDE OF THE PROFIT & LOSS ACCOUNT INDICATES THAT OUT OF TOTAL EXPENDITURE OF RS.106.85 CRORE , SOFTWARE DEVELOPMENT EXPENSES ARE ONLY RS.67.61 CRORE. THUS, IT IS EVIDENT THAT THE COMPANY , AT STANDALONE BASIS , IS NOT ONLY ENGAGED IN PROVIDING SOFTWARE DEVELOPMENT SERVICES BUT ALSO EARNING REVENUE FROM EDUCATION AND IN FRASTRUCTURE MANAGEMENT . N ATURE OF ACTIVITY PURSUED UNDER INFRASTRUCTURE MANAGEMENT HAS BEEN OUTLINED AT PAGE 24 OF THE A NNUAL REPORT, WHICH INDICATES THAT THIS COMPANY : HAS EXPANDED THE SCOPE OF THE INFRASTRUCTURE MANAGEMENT SERVICES BEING PROVIDED BY I T BY MANAGING THE CLIENT SERVICES EITHER ON CLIENT SITES OR AT DATA CENTERS OR IN OUR PREMISES IN 24X7 ENVIRONMENT. WE ALSO SET UP DATA CENTERS FOR CLIENTS GLOBALLY, ON WHICH, OUR ENGINEERS REMOTELY OR ONSITE MANAGE ALL HARDWARE, NETWORK, LAN/WAN, DATA AN D VOICE NETWORKS IN ACCORDANCE OF THE CLIENT NEEDS TO RUN THEIR APPLICATIONS . ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 10 R EVENUE UNDER THE HEAD EDUCATION IS AT 36%. THIS COMPANY HAS ITS CLIENTS ALONG WITH THEIR EMPLOYEES, VENDORS AND DEALERS TO BETTER THEIR PERFORMANCE TO DEAL WITH FAST ENGINE ERING ENVIRONMENT. IT HAS BEEN AWARDED A LARGE PROJECT TO TRAIN POLICE IN MADHYA PRADESH, MANAGEMENT OF 6 ITIS IN HARYANA, DELHI AND PUNJAB AND FIVE SENIOR SECONDARY SCHOOLS IN PUNJAB. A BRIEF DESCRIPTION OF THE NATURE OF SERVICES RENDERED BY THIS COMPAN Y IN E DUCATION AND I NFRASTRUCTURE MANAGEMENT SPHERES GOES TO SHOW THAT IT IS FUNCTIONALLY MILES A PART FROM THE NATURE OF SOFTWARE DEVELOPMENT SERVICES RENDERED BY THE ASSESSEE TO ITS AE. WE THEREFORE, UPHOLD THE EXCLUSION OF THIS COMPANY FROM THE LIST OF COMPARABLES. L & T INFO TECH LTD. , PERSISTENT SYSTEMS LTD. , INFOSYS TECHNOLOGIES LTD. AND SASKEN COMMUNICATION TECHNOLOGIES LTD. 13 . THE TPO INCLUDED THE ABOVE FOUR COMPANIES IN THE LIST OF COMPARABLES. THE LD. CIT(A) DIRECTED TO EXCLUDE THEM BY OBSERVI NG THAT THESE DID NOT SATISFY THE TURNOVER FILTER. FOR EXCLUDING THESE COMPANIES, HE RELIED ON THE JUDGMENT OF HONBLE DELHI HIGH COURT IN THE CASE OF CIT VS. AGNITY INDIA TECHNOLOGIES PVT. LTD. (2013) 219 T AXMAN 26 (DEL). ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 11 14 . THE HONBLE DELHI HIGH COURT IN THE CASE OF CIT VS. AGNITY INDIA TECHNOLOGIES PVT. LTD. (SUPRA) ORDERED TO EXCLUDE INFOSYS BEING A GIANT COMPANY WHEN SEEN IN COMPARISON WITH AGNITY INDIA TECHNOLOGIES PVT. LTD. , A CAPTIVE SERVICE PROVIDER LIKE THE EXTANT ASSESSEE. THE LD. CIT(A) DIRECTED TO EXCLUDE THE OTHER THREE COMPANIES BY OBSERVING THAT THEIR TURNOVER WAS SEVERAL TIMES HIGHER VIS - - VIS ASSESSEE COMPANY. IN THIS REGARD, WE FIND THAT THE VIEW TAKEN BY THE LD. CIT(A) ECHOES WITH THAT OF THE HONBLE JURISDICTIONAL BOMBAY HIGH C OURT IN CIT VS. PENTAIR WATER INDIA PVT. LTD. (2016) 381 ITR 216 (BOM), IN WHICH THE VIEW OF THE TRIBUNAL IN EXCLUDING CERTAIN COMPANIES ON THE BASIS OF HIGHER TURNOVER HAS BEEN APPROVED BY THE HONBLE BOMBAY HIGH COURT. SINCE THE FACTS OF THE INSTANT CAS E ARE SIMILAR IN AS MUCH AS THE TPO INCLUDED THESE FOUR COMPANIES IN THE LIST OF COMPARABLES, WHICH WERE HAVING THEIR RESPECTIVE TURNOVERS SEVERAL TIMES M ORE THAN THAT OF THE ASSESSEE, R ESPECTFULLY FOLLOWING THE PRECEDENT, WE HOLD THAT NO EXCEPTION CAN BE TAKEN TO THE VIEW TAKEN BY THE LD. CIT(A) IN DIRECTING THEIR EXCLUSION . WE THEREFORE, UPHOLD THE IMPUGNED ORDER ON THIS SCORE. ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 12 1 5 . TO SUM UP, THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF THE AO / TPO FOR DETERMINING THE ALP OF INTERNATIONAL TRANSACTION AFRESH IN THE LIGHT OF ABOVE OBSERVATIONS AND DIRECTIONS. NEEDLESS TO SAY, THE ASSESSEE WILL BE ALLOWED A REASONABLE OPPORTUNITY OF HEARING. 1 6 . IN THE RESULT, BOTH THE APPEAL S ARE ALLOWED FOR STATISTICAL PURPOSES . ORDER P RONOUNCED IN THE OPEN COURT ON 14 TH FEBR UARY, 2020. SD/ - SD/ - ( S.S. VISWANETHRA RAVI ) ( R.S.SYAL ) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 14 TH FEBR UARY, 2020 GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE C I T(A) - 1 3 , PUNE 4. THE PR. C I T - I , PUNE 5. , , / DR C , ITAT, PUNE 6. / GUARD FILE / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO. 2777 /PUN/201 6 ITA NOS.511 & 535/PUN/2017 EGAIN COMMUNICATIONS PVT. LTD. 13 DATE 1. DRAFT DICTATED ON 1 0 - 0 2 - 2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 10 - 0 2 - 2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAF T COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *