TaxTMI 
TaxTMI 
2018 (6) TMI 1637
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt of Rs. 25,27,43,714/- in the international transaction of provision of IT-enabled services. 3. At the outset, learned AR placed on record the order of the Tribunal in assessee's own case wherein exactly similar issue was dealt by the ITA No.6795/Mum/2017 M/s. Capita India Pvt. Ltd., Tribunal for the A.Y.2011-2012 vide order dated 19 /09/2016. The precise observation of the Tribunal was as under:- "i) M/s TCS e-Serve:- From the perusal of its Annual reports, it is seen that, this company is engaged in the business of providing ITES services and BPO services primarily to "Citi Group‟ entities globally. It operations comprised of transaction processing includes the broad spectrum of activities involving the processing, collecti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he 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:- 12.5 We have gone through the annual report of Company and have carefully considered the reasoning given by the coordinate Bench in the case of Techbook International P Ltd (supra). O....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... therefore functionally this company is dissimilar to the assessee company. It also owns huge intangible and uses of Tata Brand, which has definitely benefited this comparable, it is directed to be excluded". This, in view of our discussion and also following the precedence in the aforesaid cases, we hold that TCS e- Serve cannot be held to be comparable company, accordingly, we direct the AO/TPO to exclude the same from comparability list." 5. It was further contended by learned AR that TCS e-Serve Ltd., has been rejected as a comparable by the ITAT in Capita India's own case for A.Y.2011-12 (ITA No.356/Mum/2016), on account of functional dissimilarity, ownership of significant intangibles and impact of 'TATA' brand on its pro....