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of <h1>Tribunal excludes companies from comparables list, disallows negative working capital adjustment in ITES segment.</h1> <h3>The Assistant Commissioner of Income Tax, Circle 2 (1) (2), Bangalore Versus M/s. e4e Business Solutions India Pvt. Ltd.</h3> The Assistant Commissioner of Income Tax, Circle 2 (1) (2), Bangalore Versus M/s. e4e Business Solutions India Pvt. Ltd. - TMI Issues Involved:1. Exclusion of ICRA Online Ltd. from the list of final comparables selected by the TPO in ITES Segment.2. Exclusion of iGate Global Solutions Ltd. from the list of final comparables selected by the TPO in ITES Segment.3. Negative working capital adjustment.Detailed Analysis:1. Exclusion of ICRA Online Ltd. from the list of final comparables selected by the TPO in ITES Segment:The revenue challenged the exclusion of ICRA Online Ltd. from the list of comparables. The CIT(A) excluded ICRA Online Ltd. on the basis that it is a Knowledge Process Outsource (KPO) company, which is different from the Business Process Outsource (BPO) services provided by the assessee. The Tribunal upheld this exclusion, noting that segmental details were not available and that the CIT(A) had correctly analyzed the functional details to conclude that ICRA Online Ltd. was not comparable to the assessee.2. Exclusion of iGate Global Solutions Ltd. from the list of final comparables selected by the TPO in ITES Segment:The revenue also contested the exclusion of iGate Global Solutions Ltd. The CIT(A) excluded this company because it had multiple segments, including Software Development and Services, Contract Centre Service, and ITeS, without available segmental details. The Tribunal upheld this exclusion, applying the turnover filter, as iGate Global Solutions Ltd. had a turnover exceeding Rs. 1000 crores, which made it incomparable to the assessee with a turnover of Rs. 23.76 crores.3. Negative working capital adjustment:The CIT(A) held that negative working capital adjustment should not be made, following the decision of the ITAT in the case of Adaptec India Pvt Ltd., which stated that negative working capital adjustment is unnecessary when the assessee does not bear any working capital risk. The Tribunal upheld this view, noting that the assessee, a captive service provider fully funded by its AE, did not have any working capital risk. The Tribunal emphasized that working capital adjustments should be made on a case-by-case basis and that in this instance, a negative working capital adjustment was not warranted.Conclusion:The Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s decisions to exclude ICRA Online Ltd. and iGate Global Solutions Ltd. from the list of comparables and to disallow the negative working capital adjustment. The Tribunal's decision was based on detailed functional analysis and adherence to established principles regarding comparability and working capital adjustments.
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