Income Tax Officer, Ward 11(1), Bangalore. ..... Respondent. Appellant By : S/Shri P.K. Prasad & Umashankar, Advocates. Respondent By : Shri B.R. Ramesh, JCIT (D.R) Date of Hearing : 01.11.2017. Date of Pronouncement : 13.12.2017. O R D E R Per Shri Jason P Boaz, A.M. : This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)IV, Bangalore dt.5.8.2014 for the Assessment Year 200910. 2. Briefly stated, the facts of the case are as under : 2.1 The assessee is a company engaged in the provision of software development services and shared services (ITES) to its Associated Enterprise IT(TP)A No.1280/B/2014 2 No.1280/Bang/2014 ('AE') i.e. ADC Telecommunications Inc., USA, which is its holding company. For Assessment Year 200910, the assessee filed its return of income on 30.09.2009 declaring income of Rs.1,04,430, after claiming deduction of Rs.1,44,70,511 under Section 10A of the Income Tax Act, 1961 (in short 'the Act'). The return was processed under Section 143(1) of the Act and the case was subsequently taken up for scrutiny. In view of the international transactions entered into by the assessee in the year under consideration, as reported in Form 3CEB, the Assessing Officer made a reference to the Transfer Pricing Officer ('TPO') for determining the Arm's Length Price ('ALP') of the international transactions entered into with its AEs. The TPO passed an order under Section 92CA of the Act dt.28.1.2013 proposing the following TP Adjustments : i) SWD Segment : Rs.1,50,87,408. ii) ITES Segment : Rs.1,23,13,265. Total Transfer Pricing Adjustment u/s.92CA : Rs.2,74,00,673. The Assessing Officer concluded the assessment under Section 143(3) r.w.s. 92CA of the Act vide order dt.2.4.2013 wherein the assessee's income was determined at Rs.2,78,40,699, which inter alia, included the aforesaid Transfer Pricing Adjustment of Rs.2,74,00,673. 2.2 Aggrieved by the order of assessment dt.2.4.2013 for Assessment Year 200910, the assessee filed an appeal before the CIT (Appeals). The learned CIT (Appeals) disposed off the appeal vide order dt.5.8.2014 allowing the assessee partial relief. IT(TP)A No.1280/B/2014 3 No.1280/Bang/2014 3. The assessee, being aggrieved by the order of the CIT (Appeals) dt.5.8.2014 for Assessment Year 200910, filed an appeal before the Tribunal raising certain grounds of appeal. Subsequently, the assessee filed revised grounds of appeal which are extracted hereunder and considered for adjudication : Revised Grounds of appeal. 1. That the order passed by the Learned Commissioner of Income Tax (Appeals) IV, Bangalore ('CIT (A)'), to the extent prejudicial to the Appellant, is bad in law and liable to be quashed. 2. That the learned CIT (A) erred in upholding the rejection of Transfer Pricing ('TP') documentation by the Learned Transfer Pricing Officer ('TPO')/ Assessing Officer ('AO') and in making an adjustment to the transfer price of the Appellant in respect of its software development services and shared services. 3. That on the facts and in the circumstances of the case, the learned CIT (A) while making adjustment to the various segments of the Appellant, erred in; a. Upholding the rejection of comparability analysis of the Appellant in the TP documentation and accepting the comparability analysis performed by the learned TPO in the TP Order. b. Disregarding application of multiple year/ prior year data as used by the Appellant in the TP documentation and holding that current year (i.e. Financial Year 2008 09) data for compa