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Ceb India Pvt. Ltd., Gurgaon vs Acit, Gurgaon on 17 March, 2017 cites

De Shaw India P. Ltd (Earlier Known As De ... vs Dcit, Circle-1(2), Hyd, Hyderabad on 11 January, 2017

The company also developed software products in BPO management and healthcare therefore it is functionally dissimilar and should be excluded as comparable. He further submitted that the comparable has significant amount of brand and IPR and further it does not contain segment wise result with respect to various segment in which it operates. Further during the Financial Year 2009-10 there is amalgamation also in the comparable company which is an extra ordinary event and therefore it affect overall profitability of the company. As regards the selection of this comparable, the learned counsel for the assessee has relied on the decisions of this Tribunal in the cases of Capital IQ Information Systems (India) Pvt. Ltd. v. Addl./Dy. Commissioner of Income-tax, Circle 1(2), Hyderabad and vice versa (ITA No. 124 and 170/Hyd/2014 dated 31.7.2014); Hyundai Motors India Engineering P. Ltd., Hyderabad v. DCIT, Circle 2(2), Hyderabad (ITA NHo. 255/Hyd/2014 dated 31.7.2014), wherein M/s. Accentia Technologies Limited(Seg) was excluded by the Tribunal from the list of comparables on the ground that it was ITA No. 1202/Del./2015 Equant Solutions India Pvt. Ltd. V DCIT A.Y. 2010-11 a case of mergers and acquisition, and the company was also found to be functionally different.
Income Tax Appellate Tribunal - Hyderabad Cites 5 - Cited by 22 - Full Document

Excellence Data Research Pvt. Ltd., ... vs Assessee on 12 September, 2016

We, therefore, follow the decision of the coordinate bench of this Tribunal in the case of Excellence Data Research Services Pvt. Ltd. (supra) and direct the AO/TPO to exclude the Accentia Technologies Limited from the list of comparables on this ground. Further, this company also provides KPO services, LPO and DPO besides offering software services. Therefore as this enrolled in knowledge processing outsourcing it is functionally dissimilar to the ITA No. 1202/Del./2015 Equant Solutions India Pvt. Ltd. V DCIT A.Y. 2010-11 assessee. Further, it does not contain segment wise functional results and in absence of such segmental information, it cannot be used for comparing the PLI of the assessee. It is also noted that it is also having significant amount of brands, intellectual property rights and goodwill as compared to the assessee. Therefore, in view of the above reasons this company is required to be excluded. Further relying on the decision of Jurisdictional high court in case of Rampgreen Solutions Pvt Ltd (TS-387-HC- 2015(DEL)-TP) where in it is held that KPO are ITeS where the service providers have to employ advanced level of skills and knowledge. This is absent in this case of assessee which is low end ITES service provider such as which enables network management and other back office support services performed by assessee which primarily include remote monitoring and maintenan ce of Equant global network platforms and services, coordination, remote configuration, and implementation of quality customer networking solutions. Therefore this comparable is ordered for its exclusion accordingly."
Income Tax Appellate Tribunal - Hyderabad Cites 10 - Cited by 9 - Full Document

Comverse Network Systems India Pvt. ... vs Acit, Gurgaon on 20 January, 2017

Thus, this company having huge intangibles assets cannot be compared with the assessee who has no significant intangibles. That apart, it has been pointed out by the Ld. Counsel that, this company has been emerged with TCS in the year 2009 which has led to shooting up of its profit margin to 13% to 68%-70%. This factor itself points out that its high profit margin were due to its huge brand value, which cannot be held to be comparable with captive service provider like Assessee Company. So far as the decision of ITAT Delhi Bench in the case of 'Techbooks International Pvt. Ltd' is concerned as pointed out by the Ld. Counsel, we find that this decision of the Tribunal has been distinguished and explained by the subsequent three decisions of the Delhi Bench of the ITAT, wherein, the Tribunal has categorically held that, in absence of any segmental details and segregation of the total revenue this comparable company cannot held to be comparable. The relevant observation of the Tribunal in the case of Ameriprise India Pvt. Ltd (supra) reads as under:-
Income Tax Appellate Tribunal - Delhi Cites 11 - Cited by 8 - Full Document
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