TaxTMI 
TaxTMI 
2024 (11) TMI 319
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....nanya Kapoor, Adv ORDER 1. The Principal Commissioner questions the judgment handed down by the Income Tax Appellate Tribunal ["Tribunal"] and posits the following questions of law for our consideration: "i) Whether the Ld. ITAT erred in excluding Infosys BPO Ltd. and TCS E-serve Ltd. from the list of comparables for determination of arm's length price of the international transaction ente....
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....udence recognize the reality that there cannot be an exact comparable in a given situation without any differences and that such stringency will defeat the purpose of flexibility provided in comparability analysis for determination of ALP under TNMM?" 2. We note that the dispute itself, as pressed before us on this appeal, stands confined to the exclusion of Infosys BPO Ltd. and TCS E-Serve Ltd. ....
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....dia Technologies Pvt. Ltd. [2013 SCC OnLine Del 2521] had observed as follows:- "5. The tribunal has observed that the assessee was not comparable with Infosys Technologies Ltd., as Infosys Technologies Ltd. was a large and bigger company in the area of development of software and, therefore, the profits earned cannot be a bench marked or equated with the respondent, to determine the results dec....
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....products like Finacle, Infosys Actice Desk, Infosys iProwe, Infosys mConnect, Also, the company derives substantial portion of its proprietary products (including its flagship banking product suite "Finacle") Onsite v. Offshore-As much as half of the software development services rendered by Infosys are onsite (i.e., services performed at the customer's location overseas). And offshore (50.2....