TMI Blog2018 (3) TMI 1962X X X X Extracts X X X X X X X X Extracts X X X X ..... he average NCP margins in the case of the assessee. We also draw strength from the decisions pointed out before us by the Ld.AR in the case H S Software Development and Knowledge Management Centre Pvt Ltd. [ 2018 (1) TMI 1548 - DELHI HIGH COURT] wherein it was held that M/s. Infosys BPO has a significant brand presence and cannot be compared to the assessee s transactions whose turnover is comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER For the Appellant : Shri Vikram Vijayaraghavan, Advocate For the Respondent : Shri Vijyakumar Punna, Jr.Standing Counsel ORDER PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER: This appeal by the assessee is directed against the order passed by the Ld. Members of the DRP dated 05.06.2017 in F.No.288/DRP-2/BANG/2016-17 U/s.14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsuant to the directions of the Ld. Members of the DRP dated 05.06.2017. 4. At the outset the Ld.AR submitted before us stating the only grievance of the assessee is that the Ld.Revenue Authorities has adopted M/s. Infosys BPO as the comparable company which has a turnover of ₹ 1831.34 crores though the assessee companies turnover is only ₹ 107.13 crores which is 17 times higher th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erusing the facts of the case, we find that M/s. Infosys BPO Ltd., is a much larger company compared with the assessee company and the other comparable companies. Therefore we are of the considered view that M/s. Infosys BPO Ltd., cannot be treated as a comparable company while arriving at the average NCP margins in the case of the assessee. We also draw strength from the decisions pointed out bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leadership. Similar view was taken in the case Maersk Global Service Centers (India) P Limited (TS-633-ITAT-2016(Mum)-TP). Therefore following the above ratios laid down by the Tribunal and Hon ble Delhi High Court referred by the Ld.AR, we hereby direct the Ld.AO to exclude M/s. Infosys BPO as comparable company while arriving at the NCP margin in the case of the assessee. We also make it clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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