2019 (9) TMI 558

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....w Delhi (hereinafter referred to as "the Tribunal") in ITA No. 963/Del/2015 for Assessment Year 2010-11, claiming the following substantial question of law:- "Whether in the facts and circumstances of the case and in law, the Hon'ble ITAT was correct in excluding M/s. Accentia Technologies Limited, M/s. TCS E-Serve Ltd. and M/s. TCS EServe International Ltd. used as a comparable for determining the ALP in the case of the assessee company, since the TPO had made detailed findings by analyzing functionality, turnover and profile of various comparables considered in his order. Further the ITAT was not justified to consider issues pertaining to earlier years, since each year is a separate assessment year and should be considered independentl....

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....l vide order dated 17.3.2017 (Annexure-A-III) partly allowed the appeal of the assessee. Hence, the present appeal by the Revenue. 3. Learned counsel for the Revenue submitted that the Tribunal had erred in law in excluding comparables, namely, M/s Accentia Technologies Limited, M/sTCS E-Serve Ltd. and M/s TCS E-Serve International Ltd. used as comparables for determining the ALP in the case of the assessee company when the assessee company and comparable companies are providing similar nature of services. He further relied upon the order passed by the TPO while dealing with these companies as comparables. 4. On the other hand, learned counsel for the appellant besides supporting the order passed by the Tribunal has submitted that the T....

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....S services and technical services. The ITAT, while excluding the comparable followed the decision of the coordinate Bench of the Tribunal in the case of Ameriprise India Private limited (supra) and Equant Solutions India Private Limited ITA No. 1202/ Del/ 2015 wherein both the above said companies were discussed and held to be not comparable with assessees providing back office ITeS services. It was also pointed out by the learned counsel for the respondent that the decision in the case of Ameriprise India (P.) Ltd. vs DCIT (supra) relied upon by the Tribunal in the instant case has been affirmed by the Delhi High Court in ITA No.461/2016. 7. In addition to the factual matrix noticed by the Tribunal for excluding these comparables, it was....