https://www.taxtmi.com/caselaws?id=445384 Material differences in functional profile, scale, risk, brand value and business model meant TCS E-Serve Ltd. and eClerx Services Ltd. could not be treated as comparables for the assessee's captive ITES segment, so the arm's length price had to be recomputed after exclusion of those entities. Reimbursement of salary paid to seconded employees through an overseas group company was held to be salary in substance, because the personnel worked under the assessee's control and supervision and the foreign company merely acted as a conduit. As tax had been deducted under section 192, section 195 did not apply and disallowance under section 40(a)(i) was not warranted. en-us Tue, 27 Jun 2023 00:00:00 +0530 Wed, 04 Dec 2024 15:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445384 Material differences in functional profile, scale, risk, brand value and business model meant TCS E-Serve Ltd. and eClerx Services Ltd. could not be treated as comparables for the assessee's captive ITES segment, so the arm's length price had to be recomputed after exclusion of those entities. Reimbursement of salary paid to seconded employees through an overseas group company was held to be salary in substance, because the personnel worked under the assessee's control and supervision and the foreign company merely acted as a conduit. As tax had been deducted under section 192, section 195 did not apply and disallowance under section 40(a)(i) was not warranted. Case-Laws Income Tax Tue, 27 Jun 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445384