2024 (2) TMI 1486

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....Zoheb Hossain, Sr.SC. For the Respondent: Mr. Vishal Kalra and Mr. S. S. Tomar, Advs. ORDER 1. The Commissioner impugns the judgment rendered by the Income Tax Appellate Tribunal ["ITAT"] dated 02 April 2019 and has suggested the following questions for our consideration: "A. Is ITAT justified in deleting the comparable TCS e-Serve on the basis of the said comparable having a hig....

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....x Appellate Tribunal excluded E-clerx as comparable after noticing that it provided high value financial services relating to consultancy business and solution testing besides the web content management merchandising execution, web analytics, etc. This functional dissimilarity and absence of segmental data led to its exclusion as a comparable. Those are findings of facts based upon record. Consequ....

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....sultancy Service Ltd. which was high brand value ; that distinguished it and marked it out for exclusion. The Income-tax Appellate Tribunal recorded that the brand value associated with TCS Consultancy reflected/impacted TCS E- serve profitability in a very positive manner. This inference too in the opinion of the court, cannot be termed as unreasonable. The rationale for exclusion is therefore up....