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2015 (11) TMI 1592 - AT - Income TaxTransfer pricing adjustment - Comparability - Held that:- eClerx Services Ltd. - company is not comparable with BPO company which are engaged only in low end services of data processing. Accordingly, we direct the AO/TPO to exclude Eclerx Services Ltd. from the list of comparables for the purposes of determining ALP. HCL Comnet Systems & Services Ltd.(seg.)company is not comparable with BPO company which are engaged only in low end services of data processing. Accordingly, we direct the AO/TPO to exclude Eclerx Services Ltd. from the list of comparables for the purposes of determining ALP. Infosys BPO Ltd. company is engaged in a different nature of activity to that of the assessee provided to its AE. Accordingly, we direct the AO/TPO to exclude this company from the list of comparables Maple eSolutions Ltd. excluded from the list of comparables. Mold-Tek Technologies Ltd. is not compared with the low end ITES service provider Co. we hold that this Co. is functionally not comparable with that of the assessee. Accordingly, we direct the AO/TPO to exclude Mold Tek from the list of comparables. Triton Corp. Ltd. company has merged with Mold-Tek Technologies Ltd. during the year under consideration. In view of the findings in respect of Mold-Tek Technologies Ltd., we are of the opinion that this company cannot be considered as a good comparable company. Vishal Information Technologies Ltd.(Coral Hub Ltd.) Wipro Ltd. (seg.)excluded from the list of comparables. Accordingly, we direct the AO/TPO to re-compute the ALP after exclusion of the above companies from the list of comparables. We direct the TPO to consider the claim of the assessee of granting the benefit of tolerance range +/-5% as raised in ground of the concise grounds. Allowance of deduction u/s 10A without setting off the domestic losses.
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