TaxTMI 
TaxTMI 
2023 (8) TMI 669
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....3(3) r.w.s. 144C(13) r.w.s. 144B of the Income Tax Act, 1961 (for short "the Act"), assessee filed this appeal. 2. Briefly stated relevant facts are that the assessee is engaged in the business of legal process outsourcing. It filed its return of income for the assessment year 2018-19 on 28/11/2018 declaring total income of Rs. 14,88,59,090/-. The assessee was found to have entered into international transactions for a sum of Rs. 106.16 crores with its Associated Enterprises (AE) for provision of ITE services and, therefore, determination of Arms' Length Price (ALP) was referred to the Transfer Pricing Officer (TPO). After obtaining the order of the TPO under section 92CA(3) of the Act, draft assessment order was passed on 16/09/2021, dete....
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....t learned DRP, in the same breath, recorded that the assessee is a BPO and also engaged in high end ITE services vide paragraph Nos. 2.7.8 and 2.7.5 respectively, which shows that facts of some other case crept into the order of the assessee. According to the learned AR, for the assessment years 2013-14 and 2014-15, after the assessments were set aside by the ITAT, the learned Assessing Officer accepted the assessee as BPO, rendering repetitive services and, therefore, the findings of the learned DRP cannot be sustained. 6. Per contra, learned DR submitted that the learned DRP properly considered the remand report and also the objections filed by the assessee and since the assessee at that time did not press all the arguments now taken, an....
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....ed, 14. Manipal Digital Systems Pvt. Ltd., 15. Vitae International Accounting Services Private Limited and 16. Ultramarine & Pigments Ltd; whereas learned TPO referred to - 1. Denave India Pvt. Ltd., 2. Impressions Services Pvt. Ltd., 3. ERM India Pvt. Ltd., 4. Husys Consulting Ltd., 5. Ace Integrated Solutions Ltd., 6. Everstone Capital Advisors Pvt. Ltd., 7. Teks Tech Inspection India Pvt. Ltd., 8. Remunance Systems Pvt. Ltd., 9. Apave Assessments India Pvt. Ltd., 10. Mercer Consulting (India) Pvt. Ltd., and 11. Red Baron Integrated Services Pvt. Ltd. Not even a single entity selected by the assessee is considered by the learned TPO. Without referring to the comparables selected by the assessee, the learned TP....