2022 (9) TMI 1192

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....atia, Sr. Standing Counsel for Revenue along with Ms Mansie Jain, Advocate. Respondent Through: Ms. Ananya Kapoor, Mr. Salil Kapoor & Mr. Sumit Lal Chandani, Advocates. J U D G M E N T MANMEET PRITAM SINGH ARORA, J (ORAL): CM APPL. 7944/2020 Keeping in view the averments made in the application, the delay of 28 days in filing the appeal is condoned. Accordingly, present applicati....

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....tes that similarly ITAT fell in error in rejecting ICRA Techno Analytics Ltd. as a comparable whereas this company provides IT enabled services. He further states that ITAT fell in error in applying the high turnover threshold limit while excluding the comparable as it failed to appreciate that margins in the ITES industry are not linked to the turnover of the company. 3. We have heard the lear....

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....vember, 2015, accepted the objections of the Assessee and directed the exclusion of these four comparables on a finding of functional diversity as well as non-availability of segmental data. While giving effect to the directions of the DRP, the AO computed the revised margins of the comparables after excluding the above four companies and worked out the adjustment at 'nil'. 4. The ITAT as well ....

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....ith respect to the functional dissimilarities of the said four comparables with the Assessee. In the present appeal, the challenge is to the said finding of facts and there is no perversity in the said findings. The Revenue has not been able to demonstrate that the analysis done by ITAT and DRP while excluding the companies suggested by Revenue from the list of comparables, was in any manner contr....