Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 1726 - AT - Income TaxTP Adjustment - comparable selection - functional similarity - HELD THAT:- ECLERX SERVICES LTD. (ECLERX) - As relying on RAMPGREEN SOLUTIONS PVT LTD VERSUS COMMISSIONER OF INCOME TAX [2015 (8) TMI 931 - DELHI HIGH COURT] Eclerx to be excluded because of KPO services which are high end services involving specialized knowledge and domain expertise ACROPETAL TECHNOLOGIES LTD. (ACROPETAL) - balance sheet of Acropetal, available at pages 182 to 261 of the paper book, shows that its healthcare segment is not a BPO. So we are of the considered view that ld. DRP has rightly excluded the Acropetal from the final set of comparables. TP adjustment cannot exceed the amount of margin retained by the AE - HELD THAT:- So, following the decision rendered by the coordinate Bench of the Tribunal in HCL Technologies BPO Ltd. vs. ACIT [2015 (7) TMI 477 - ITAT DELHI] we are of the considered view that ld. DRP has rightly held that transfer pricing adjustment should not exceed the amount of margin retained by the AE. Consequently, findings returned by the ld. DRP are hereby confirmed - Decided against revenue.
|