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PRINCIPAL COMMISSIONER OF INCOME-TAX-01 Versus ACTIS GLOBAL SERVICES PVT. LTD

TPA - selection of comparable - Held that:- As far as the exclusion of Infosys BPO is concerned, it is an admitted position that the Assessee is a Knowledge Processing Outsourcing ("KPO") entity, and therefore, on the face of it the exclusion of Infosys BPO from the list of comparables does not call for interference. - As far as the exclusion of ESL ITAT itself has noted in its impugned order, that the function profile of the two companies were different. While the Assessee is catering to th .....

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order dated 10th December, 2015 passed by the Income Tax Appellate Tribunal ( ITAT‟) in ITA No. 30/Del/2015. 2. The two questions urged by the Revenue are: (i) whether the ITAT has erred in excluding Infosys BPO from the final list of comparables, and (ii) whether the ITAT erred in excluding M/s Eclerx Services Ltd. (ESL) from the list of comparables? 3. As far as the exclusion of Infosys BPO is concerned, it is an admitted position that the Assessee is a Knowledge Processing Outsourcing .....

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iew as it is contrary to the fundamental rationale of determining ALP by comparing controlled transactions/entities with similar uncontrolled transactions/entities. ITeS encompasses a wide spectrum of services that use Information Technology based delivery. Such services could include rendering highly technical services by qualified technical personnel, ITA 102/2015 Page 31 of 42 involving advanced skills and knowledge, such as engineering, design and support. While, on the other end of the spec .....

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