Block, BandraKurla Complex, Bandra, Mumbai400 051 स्थायीले खासं ./जीआइआरसं ./ PAN No. AABCV2624B (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant : Shri M. P. Lohia, AR by प्रत्यथीकीओरसे/Respondentby : Shri Uodhalraj Singh, DR Virtual Date of Hearing 23.07.2020 : Date of Pronouncement 15.09.2020 : आदे श / O R D E R Per S. Rifaur Rahman, Accountant Member: The present two appeals have been filed by the assessee against the order of Ld. Dispute Resolution Panel 2 in short referred as 'Ld. DRP', Mumbai dated 14.12.2015 and 08.12.2016 2 I.T.A. No. 565 /Mum/20 16 & 1907 /Mum/201 7 M/s Symantec Software Solutions Pvt. Ltd. for Assessment Year (in short AY) 201112 & 201213 respectively . 2. Since the issues raised in both the appeals are identical, therefore, for the sake of convenience, these appeals are clubbed, heard and disposed of by this consolidated order. Firstly, we are taking appeal in ITA No. 565/Mum/2016 for AY 201112. 4. The brief facts of the case are, assessee filed its return of income on 29.11.2011 declaring total income of Rs. 99,55,45,172/. The return was processed under section 143(1) of the Income Tax Act 1961 (in short ' The Act). The case was selected for regular assessment under section 143 (3) and notice under section 143 (2) and 142 (1) of the Act were issued and served on the assessee along with questionnaire calling for various details. In response, AR of the assessee filed relevant information as called for. Assessing officer observed that assessee had carried out international transactions with associated enterprises for more than ₹ 15 crores. Accordingly, the case was referred to Transfer Pricing officer. 3 I.T.A. No. 565 /Mum/20 16 & 1907 /Mum/201 7 M/s Symantec Software Solutions Pvt. Ltd. 5. The transfer pricing officer (TPO) observed that assessee is a part of Symantec Group. Assessee is a service provider engaged in providing marketing support services, general and administrative services (reported as technical support services) and software development services to the overseas Symantec Group Entities. The details of international transactions undertaken by the assessee are given below: Sr. Nature of transaction Amount (Rs. Method No. 1. Provision of marketing 54,82,56,061 TNMM using support services OP/OC as PLI 2. Provision of general 4,16,73,240 and administrative services 3. Provision of software 11,38,13,387 TNMM using development services OP/OC as PLI (R & D fees) 4. Reimbursement of 98,06,845 Reimbursement expenses to AEs of expenses 5. Recovery of expenses 43,19,216 Recovery of from AEs expenses. 6. TPO observed that assessee benchmarked its international transaction pertaining to software development services rendered to its AEs by using TNMM as the most appropriate method using OP/OC as PLI. Assessee also provided copy of agreement entered between AEs. For the purpose of comparability TP study, assessee's operating margin of 12% from software development services segment is compared with 10 Indian companies 4 I.T.A. No. 565 /Mum/20 16 & 1907 /Mum/201 7 M/s Symantec Software Solutions Pvt. Ltd. identified by assessee having weighted average arithmetic mean margin of 10.98%. The updated margins for the selected comparable companies are given below: Sr. No. Name of the company FY 201011 1.