export
earnings. The DRP order however states that "In the preceding paras, it
has been held by us that 75% export earning filter needs ... moto, applied new filters like on-site filter employee cost
filter, 75% export earning filter, etc., not applied by either the assessee
coming from export as against the 100% export of the assessee company.
In view of this, 75% export earning filter needs to be applied ... export earnings. The DRP order
however states that "In the preceding paras, it has been held by us
that 75% export earning filter needs
qualitative filters applied byte Appellant and in doing
so grossly erred in Rejecting certain comparable companies identified
by the Appellant by applying export earnings greater ... appreciating that the
assessee did not object to the applicability of export earning filter at
25% in the ITES sector which was put across
Bang/2024
of this company. Further, this company also fails the
export earning filter adopted by the TPO.
13.2 We have heard the rival contentions ... foreign exchange earning in respect of the
ERP segment, and therefore, the company fails the
export earnings filter.
This company is consistently excluded
learned AO / learned DRP erred in applying export earning filter
of 75% instead of 25%.
6. The learned AO / learned DRP erred in rejecting ICRA ... Online
Limited, a company functionally not comparable, by applying export
earning filter.
7. The learned AO / learned TPO erred in not considering the multiple
year
Data Systems Pvt. Comparable
Ltd.
4 Net4Nuts Ltd. The company fails export earnings filter, thus
the company is not considered as a comparable ... 1896 & 1969/PN/2013
5 Persistent Ebusiness The company fails export earnings filter, thus
Solutions Ltd. the company is not considered as a comparable
order selected one of the filters as "companies who have export sales less than
75% of the sales from the software development are excluded ... this company was rejected
for failing the export earnings filter and the assessee challenged before the Ld.
TPO basing on the consolidated financials
Dispute Resolution Panel is correct in applying the
employee cost filter and Onsite filter in ITES segment.
5. On the facts and in the circumstances ... filter for ITES segment and directing the TPO to apply 75%
Export earning filter and exclude ICRA Online and Sundaram
Busines services on the same
erred in law and on facts in rejecting
the export earning filter of 75%
2. The Hon'ble DRP has erred ... facts by including
Cosmic Ltd on the basis of export earning filter without
considering the fact that the aforesaid company cannot be
8
considered
comparables.
2. WTI Advanced Technologies Ltd. The company fails 75% export earnings
filter as it has any exports to the tune ... company has nil export revenues for
the FY 2007-08. Thus it fails 75% export
earnings filter applied by the TPO and is not
considered
