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2021 (5) TMI 1049 - AT - Income TaxTP Adjustment - comparable selection - TPO rejected / excluded the comparables selected by the assessee (being non KPO) and further selected / included KPO companies as comparable to the assessee - HELD THAT:-assessee is a captive service provider providing Information Technology Enabled Service (ITES) to its Associated Enterprises (A.E) globally and the assessee’s margin from the said international transaction for the assessment year 2009–10 is 23.07%. The assessee is providing only ITES services to its A.Es and is not a KPO consequent to which classified as KPO companies cannot be considered as comparable to the assessee, which is evident from the order passed by the Tribunal in assessee’s own case in assessment year 2007–08 [2019 (9) TMI 972 - ITAT MUMBAI] and 2008–09 respectively [2020 (8) TMI 170 - ITAT MUMBAI] Thus Companies functionally dissimilar with that of assessee need not to be selected as a comparable.
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