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"4.2. On the issue of Segmental margins to be considered for Microland Ltd.,
the ld.AR submitted that the nature of services of M/s Microland is that it
engaged in ITeS and Infrastructure management. Infrastructure management
services of Microland include cloud computing solutions, application
management services, tool-based disaster recovery environment management
services. So, it is functionally different and hence not comparable. Inviting our
attention to the paper book page no 367, wherein the financials are placed
particularly the Segmentation in financial statements and submitted that the
financial statements has provided for segmental accounts bifurcating ITES
(comparable service) and Infrastructure management services (non-
comparable services). Therefore, it was pleaded that ITES segment should be
considered as comparable to the Assessee's business. In support of his claim,
the ld.AR relied on the following judicial judgments:- CGI Information Systems
and Management Consultants (P.) Ltd. v. Asstt. CIT [2018] 94taxmann.com 97
(Bang. - Trib.); Infor Global Solutions India (P.) Ltd. v. Dy. CIT [2019] 102
taxmann.com 58 (Mum.); Infinera India (P.) Ltd. v. ITO [IT (TP) Appeal No.
1096 (Bang.) of 2011, dated 5-12-2018]
4.2.1Per contra, the ld DR supported the orders of the lower authorities.