12. The next issue is on the comparable Jeevan Scientific Technology Ltd
(former JeevanSoftech Ltd) .The AR submitted that Jeevan Scientific
Technology Ltd is not functionally comparable with the assesse and
questioned the margin computation. As per that company's website, it is a
leading integrated service provider for clinical, education, staffing, software
development and software testing services for healthcare/pharma,
university/educational institutions, information technology, telecom,
manufacturing and construction industries in India and onverseas (separate
website extract/pg. 47-48 of appeal memo).Further, without prejudice, the
margin of the company has been incorrectly computed by the TPO since he
has only considered the BPO segment and not the ERP segment which is also
in the nature of IT enabled services and should be considered in computing
the operating margin and relied on the cases DCIT vs Atmel R&D India Pvt Ltd
(ITA No 812 (MDS) of 2015) for the ay 2010-11 dated 18.08.2016 and Aptara
:-13-: ITA No.971/Mds/2015
Technologies (P) Ltd., vs ACIT (ITA No. 259 & 579 (PN) of 2015) for the ay
2010-11 dated 31.05.2016.
We
also note that the same issue was considered by the coordinate bench of this Tribunal in the
case of M/s. Dhansar Engineering Co. Pvt. Ltd. (supra). In that case also the name of the
assessee was mentioned in the seized documents AVR-2 recovered from the premises of
N.K.G. In that case also the name of assessee was found mentioned in the seized documents
AVR-2 recovered from premises of N.K.G. In that case also the A.O. held that the seized
documents belonged to M/s. Dhansar Engineering Co. Pvt. Ltd. and not of N.K.G. After
examining the relevant material, Tribunal held that although the notings in the seized
documents made reference to the name of third party i.e. M/s. Dhansar Engineering Co. Pvt.
Ltd but there was nothing in such seized documents to indicate that these documents
belonged to M/s. Dhansar Engineering Co. Pvt. Ltd. The Tribunal accordingly quashed the
assessment framed under section 153C against Dhansar Engineering Co. Pvt. Ltd, since it
was found that seized documents recovered from N.K.G. did not belong to the said assessee.
Investment Pvt. Ltd.
vs. CIT as well as hon'ble Punjab & Haryana high court's decision in DCIT vs
Empering Packaging Pvt. Ltd ITA 415/2015 dated 12.06.2016 decide the very
issue in assessee's favour. The Revenue fails to pin-point any distinction on
facts or law therein. We thus reject its sole substantive ground pleaded in the
instant appeal.