TMI Blog2017 (8) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 22-8-2017 - Dr. S. Muralidhar and Prathiba M. Singh, JJ. For Appellant: Ruchir Bhatia, Senior Standing Counsel For Respondents: Kamal Sawhney, Shikhar Garg and Prashant Meharchandani, Advocates ORDER C.M. No. 30036/2017 (for condonation of 7 days' delay in filing the reply) 1. The application has been filed by the Respondent seeking condonation of 7 days' d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. 5. However, it is seen that the present appeal was filed only on 22nd November 2016, i.e. almost five months thereafter. There is no satisfactory explanation for this further delay in filing the appeal. Consequently the Court is not inclined to condone the delay in filing the appeal. 6. Nevertheless, the appeal has also been examined on merits. 7. The short question urged by the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business as is evident from the outsourcing cost to total cost which was 85.58% as noted earlier. Therefore, the business model of this company cannot be compared with the business model of assessee where salary cost was 54.67% of the total cost. When the business operations are out sourced, the profit margins are bound to increase substantially as compared to a business which is carried on throug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usion of this company from the list of comparables. 9. This Court has in Rampgreen Solutions (P) Ltd. v. Commissioner of Income Tax [2015] 60 taxmann.com 355 (Del) dealt with this very comparable and noted that its business model was entirely different when compared to the Assessee who in that case was also carrying on a similar function and rendering knowledge process outsourcing service. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gies Pvt. Ltd.). 12. Wipro BPO is more or less on the same footing as Infosys BPO as far as the size and scale are concerned. Consequently the Court finds no legal infirmity in the impugned order of the ITAT, which has, apart from excluding the above comparables, remanded the matter to the TPO on the question of working capital adjustment. 13. The appeal is dismissed therefore on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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