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2019 (7) TMI 1905 - HC - Income TaxTP Adjustment - exclusion of comparables which the ITAT held to be functionally different from the Assessee - HELD THAT:- Three of the comparables involved are Infosys BPO Ltd., TCS E-serve International Ltd. and TCS E-serve Ltd. This Court has very recently in M/S. AVAYA INDIA PVT. LTD. VERSUS ACIT [2019 (7) TMI 1279 - DELHI HIGH COURT] giving detailed reasons why on the facts of that case, which are more or less similar to the facts on hand, such comparables ought to have been excluded. The said judgment therefore covers the said issue against the Revenue. As far as the comparables Accentia Techonologies Ltd. and E4e Healthcare are concerned, the Tribunal has in the impugned order explained in detail why these also should be excluded. The principles explained by this Court in the aforementioned judgment would be equally applicable to these comparables as well.There are several other orders of this Court upholding the exclusion of the aforementioned comparables.See EVALUESERVE SEZ (GURGAON) PVT. LTD. [2018 (2) TMI 1750 - DELHI HIGH COURT], B.C. MANAGEMENT SERVICES PVT. LTD. [2017 (12) TMI 255 - DELHI HIGH COURT] and M/S. SANVIH INFO GROUP PVT. LTD (EARLIER KNOWN AS OKS SPAN TECH PVT. LTD.) [2019 (5) TMI 1211 - DELHI HIGH COURT].
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