2018 (7) TMI 2030

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....sp; ORDER Admit.  The exclusion of three comparables in the Arm's Length Price determination procedure of the assessee/respondent is the basis of the Revenue's appeal under Section 260-A of the Income Tax Act, 1961 ('the Act' hereafter).  It urges that the exclusion of M/s eClerx Services Pvt. Ltd., M/s Infosys BPO Ltd. and M/s Accentia Technologies Ltd. is based upon an erroneo....

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....ese activities are quite different from the service of contact centre provided by the assessee to its AE which is purely in the nature of call centre. Therefore, we are of the view that the company Accentia Technologies Ltd cannot be considered as a functionally comparable company with the services provided by the assessee to its AE. The TPO is directed to exclude this company from the set of comp....

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....It is claimed that eClerx is a different company with industry specialized services for meeting complex client needs, data analytics KPO service provider specializing in two business verticals financial services and retail and manufacturing. It is claimed to be engaged in providing solutions that do not just reduce cost, but help the clients increase sales and reduce risk by enhancing efficiencies....

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....functional profile, we are of the view that this company is also mainly engaged in providing high-end services involving specialized knowledge and domain expertise in the field and the same cannot be compared with the assessee company which is mainly engaged in providing low-end services to the group concerns."    This Court is of the opinion that the ITAT's appreciation of the circum....