Pr. Commissioner Of Income Tax I vs Bny Mellon International Operations ... on 11 February, 2019
6. The ld. Counsel for the assessee brought to our notice functional
analysis in the T.P study report of the assessee-company which is at para 2.1
and specifically it is mentioned as BPO activity and precisely the functions of
the assessee BMY Mellon India is to execute the actual work based on the
specifications provided by the AEs. It is also mentioned that the assessee
raises invoices on its AEs for providing BPO services. The functional analyses
of the assessee has been put to rest with the decision of Hon'ble Bombay High
Court in the case of Pr. CIT Vs. BNY Mellon International operations (India) Pvt.
Ltd. in ITA No. 1226/2015, order dated 23-04-2018 wherein at para 8 of the
order it has been categorically held by the Hon'ble High Court that the
assessee before us provides BPO services which are not KPO services.
Therefore, the finding of the A.O/T.P.O that the assessee is providing BPO as
well as KPO services is not correct as held by the Hon'ble High court that the
services provided by the assessee is only BPO service.