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2017 (4) TMI 1422 - AT - Income TaxTPA - comparable selection - Held that:- Companies functionally dissimilar with that of assessee need to be deselected from final list. Assessee has no objection for retention / inclusion of Cosmic Global Ltd., e4e Healthcare Business Services Pvt. Ltd. and Jindal Intellicom Ltd.. Accentia Technologies Ltd. - TPO is directed to ascertain the profile of the assessee by examining the service agreements which the assessee is having with its AE and to come out whether the service rendered by the assessee to its AE were in the nature of BPO, KPO or Software Services. Acropetal Technologies Ltd. and Infosys BPO - These 2 comparables cannot be subject matter of appeal before the Tribunal as inclusion of these 2 comparables was never challenged by the assesse before the DRP/TPO as well as before the Tribunal. The grounds raised by the assessee before us are not providing any objection for these 2 comparables. Therefore, the objection of the assessee in respect of exclusion of these 2 comparables is devoid of merit. ICRA Online Ltd. (seg) - the company is required to be rejected as it fails on RPT filter being 22.77%. We direct the TPO to verify the RPT of ICRA Online Ltd. (seg) and if the RPT was found to be 22.77% or more than 15% than TPO is directed to excluded it . Jeevan Scientific Technology Ltd., Mindtree Ltd., iGate Solutions Ltd. exclusion as if the turnover of the comparable is below 1/10th of the turnover sales of the assessee or more than 10 times sales of the assessee then said comparables are required to be excluded. Appeal of the assessee is allowed for statistical purposes
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