Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (9) TMI 1164 - DELHI HIGH COURTTP Adjustment - Direction issued by the Tribunal to exclude Avani, Wipro, E-Zest and Persistent - HELD THAT:- Assessee is in the business of software development services - HELD THAT:- We find that insofar as Avani, Wipro, and Persistent are concerned, the Tribunal has returned a finding of fact that no segmental data is available. These three comparables are in the business of software products and services and no segmental data is available. The finding of fact recorded by the Tribunal vis-à-vis Avani is that it deals in software products and services, there is a categoric finding that no segmental data is available and, therefore, it is not a good comparable. Likewise, the same position was obtained vis-à-vis Wipro. Wipro also, according to the Tribunal, deals in software products and services and no segmental data, according to it, is available vis-à-vis this entity as well. Tribunal has, in fact, examined the matter and concluded that Persistent as a comparable had to be excluded, as no segmental data was available. This brings us to the last comparable which is E-Zest. In this case also, we find that the Tribunal also returned a finding that the said entity dealt in software product development services and high-end technical services which, according to it, fell under the umbrella of Knowledge Process Outsourcing (KPO) services. Based on this, the Tribunal concluded that E-Zest had to be excluded from the array of comparables as the respondent/assessee was not a KPO service. Thus concerning the four (4) comparables in issue, the Tribunal has returned findings of fact. Given this position, we are not inclined to interfere with the impugned order.
|