2023 (9) TMI 1167

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....pellant Through: Mr Ruchir Bhatia, Sr Standing Counsel with Ms Deeksha Gupta, Adv. For the Respondent Through: Mr Neeraj Jain with Mr. Aniket D. Agrawal, Advs. [This matter is being taken up today on account of the holiday declared on 08.09.2023] 1. This appeal concerns Assessment Year (AY) 2011-12. 2. Via the instant appeal, the appellant/revenue seeks to assail the order dated 30.10.....

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....d. 5. The second issue, as noticed above, concerns the exclusion of comparables. 6. Insofar as exclusion of Infosys Ltd. is concerned , we have queried Mr Bhatia as to whether any appeal has been preferred vis-à-vis Tribunal's decision qua AYs 2007-08 and 2008-09. 6.1 Mr Bhatia informs us that the Tribunal has ruled in favour of the respondent/assessee in AYs 2007-08 and 2008-09. H....

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....bles is derived from both software development services as well as software products, however there is no precise information about the contribution made from the income derived from the sale of software to the total income of the companies. Thus, in the absence of segmental information provided by the companies in respect of the software services, the aforesaid companies have been excluded from t....

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.... in the sale of software products. 8. Clearly, since according to the Tribunal the segmental information was not available, the comparables were ordered to be excluded. 9. We are of the opinion that there is no error in the approach adopted by the Tribunal, which is otherwise in line with the view taken by the coordinate bench. 10. Before we conclude, we may note that the Tribunal has adv....