2019 (1) TMI 852

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....s in the impugned Tribunal order dated 24.05.2017. The mistake pointed out by the assessee in this M.P. is contained in para nos. 4 to 6 of the M.P. which are reproduced herein below for ready reference:- "4. During the course of hearing of the appeal before the Hon'ble Tribunal, the Authorized Representative of Winphoria India while defending its case had sought for exclusion of 8 comparable companies namely Exensys Software solutions Ltd, Sankhya Infotech Ltd., Four Soft Ltd, Thirdware Solution Ltd, Geometric Software Solutions Ltd, Tata Elxsi Ltd (seg), Flextronics (seg) and Infosys Ltd on the ground of functional dissimilarity. The Authorized Representative had substantiated its arguments before the Hon'ble Tribunal by ....

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....of the jurisdictional Tribunal which was also submitted and relied upon by the Company at the time of hearing on April 3, 2017: * M/s Symbol Technologies India Pvt Ltd vs ACIT( IT(TP)A No.391/Bang/2012) - AY 2005-06 (Page 6 of the ruling) (Refer page 113 of the case law compendium) * M/s Sunquest Information Systems (India) Pvt Ltd( IT(TP)A No.1302/Bang/2011 & 92/Bang/2012) - AY 2005-06 (Page 10 of the ruling) (Page 85 of the case law compendium) The reasons and the judicial rulings mentioned above make it evident that Infosys Ltd is functionally not comparable to the business operation of the Company." 2. In course of hearing of the M.P., it was submitted by ld. AR of assessee that in respect of assessee's arg....

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....atior Technologies Ltd. (seg) 8. Igate Solutions Ltd.(seg.) 9. Flextronics Software Ltd.(seg) 10. L&T Infotech 11. atyam Computer Services Ltd. 12.  Infosys Technologies Ltd. 4. Now we reproduce Para 9.2 of the impugned Tribunal order which contains 7 names. This para reads as under. "9.2 On the other hand, learned authorized representative of the assessee sought exclusion of the following companies on the ground of functional dissimilarities: i. Exensys Software Solutions Ltd. ii. Sankhya Infotech Ltd. iii. Four soft Ltd. iv. Thirdware Solution Ltd. v. Geometric Software Solutions Ltd. vi. Tata Elxsi Ltd.(seg) vii. Flextronics (seg....