Transcend Mt Services Pvt. Ltd., New ... vs Ito, New Delhi on 12 December, 2017
31. Coordinate Bench of the Tribunal in ITO vs. Business
Process Outsourcing India (P.) Ltd. - (2014) 61 SOT 83
(Bangalore - Trib.) examined the comparability of Tricom vis-a-
vis the assessee company ordered to exclude the same on ground of
19 ITA Nos.4048 & 4501/Del/2013
the fact that Tricom develops its own software whereas the
assessee has no such software product intangibles. So, keeping in
view the RPT of 61.86% and the fact that Tricom develops its own
software product and own its own intangibles, it cannot be a
suitable comparables vis-à-vis the taxpayer. So, we order to
exclude the same. So, in view of the matter, grounds no.1, 1.1.3,
1.1.4, 1.1.6, 1.1.10 and 1.1.11 are determined in favour of the
taxpayer
GROUNDS NO.1.1.7 & 1.1.8
IN ITA NO.4048/DEL/2013 &
ITA NO.4501/DEL/2013