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7. Taking up ground no. 2.2 and 2.4 together, we like to
observe that at the time of arguments ld. AR has submitted that
it only in regard to the SDS segment the two comparables are
questioned and as such for ITeS segment the assessee is not
disputing the comparables as same do not affect the assessee
much. In regard to the SDS segment we find the assessee has
disputed two comparables and we discuss each one as follows;
7.1 Magnasoft Consulting India Pvt. Ltd. ("Magnasoft"). As per
the ld. AR, this comparable fails RPT Filter applied by Ld. TPO, as
in FY 2016-17 Magnasoft has RPT to sales of 28.05%. in FY
2016-17 (Please refer page 489 of paperbook).
7.2 Aptus Software Labs Pvt. Ltd. ("Aptus"). As per the ld. AR,
this comparable fails Employee Cost to Sales Filter applied by Ld.
TPO, as in FY 2015-16 Aptus has employee cost to sales ratio of
16.25%, whereas Ld. TPO has applied minimum threshold of
25%. Functionally Aptus is non comparable as Aptus is engaged
in providing product engineering, infrastructure management
and cloud computing services. Aptus is into diversified activities
as mentioned above and does not prepare segmental accounts.
The Appellant further relies on order of Delhi Bench of ITAT in
the case of Nokia India Pvt. Ltd (ITA) 6502/Del/2017) wherein
companies have been held functionally dissimilar on account of
lack of segmental accounts and diversified activities:
8.3 Ld. DR could not dispute these factual aspects as
corroborated by material on PB. Accordingly, we sustain the
contention of assessee that these two comparables needs to be
removed and accordingly ALP be determined. Thus these
grounds are allowed partly infavour of the assessee.