2022 (4) TMI 1521

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....d by this Tribunal two comparables being TCS E-serve Ltd. and Infosys BPO Ltd. in ITES segment has been inadvertently not adjudicated. On perusal of the records, we note that the submissions of the Ld.AR are correct. It is submitted that the above comparables alleged for exclusion by the assessee has been excluded by following the decisions of the Coordinate Bench of this Tribunal under identical circumstances as that of assessee. a. M/s. Micro Focus Software India Pvt. Ltd. vs. ACIT in ITA No. 368/Bang/2017 by order dated 17.03.2020 b. M/s. Zyme Solutions Pvt. Ltd. vs. ACIT in IT(TP)A No. 1661/Bang/2016 by order dated 28.06.2019 c. M/s. Arctern Consulting Pvt. Ltd. vs. DCIT in IT(TP)A No. 352/Bang/2017 by orde....

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....s company. Presence of a brand commands premium price and the customers would be willing to pay, for the services/products of the company. Infosys BPO is an established player who is not only a market leader but also a company employing sheer breadth in terms of economies of scale and diversity and geographical dispersion of customers. The presence of the aforesaid factors will take this company out of the list of comparables. We therefore accept the contention of the assessee that this company cannot be regarded as a comparable." 48. Following the aforesaid decision of the Tribunal and taking note of the fact that the facts and circumstances in the case of the assessee for the current assessment year are identical, we direct that ....

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....on the following decisions: Turnover Filter: i. McAfee Software (India) Pvt Ltd US-136-ITAT2016(Bang)-TP] ii. Swiss Re Global Business Solutions India Private Limited FS-307-ITAT-2017(Bang) Functionally different filter: i. M/s XL Health Corporation India Pvt. Ltd. v. ACIT IT (TP)A No. 2311/Bang/2016 ii. Baxter India Pvt. Ltd. V. ACIT ITA No.6158/Del/2016 iii. CGI Information Systems and Management Consultants Private Ltd. vs ACIT-TS-320-ITAT-2018(Bang) 12.2 On the other hand, ld.CIT(DR) opposed its exclusion. He submitted that this company is engaged in KPO services and there is no difference between KPO and ITeS. 12.3 We have heard rival submissions and perus....