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2022 (12) TMI 417 - ITAT DELHITP Adjustment - treatment of foreign exchange fluctuation gain as operating income - Safe Harbour Rules - TPO while rejecting the foreign exchange gain from operating income has relied upon the Safe Harbour Rules - HELD THAT:- As decided in B.C. MANAGEMENT SERVICES PVT. LTD. [2017 (12) TMI 255 - DELHI HIGH COURT] the issue is covered in favour of the assessee and the Safe Harbour Rule referred by the TPO are not applicable in the current assessment year. Hence we uphold the order of ld. CIT (A). Rejecting the comparable, Infosys BPO Ltd. - Infosys BPO Ltd. on similar grounds has been excluded in other decisions in BT e-Serv (India) (P.) Ltd. [2018 (6) TMI 1639 - ITAT DELHI] and Baxter India (P.) Ltd. [2017 (8) TMI 1557 - ITAT DELHI] - Upon hearing both the parties and perused the record, we find that in view of the aforesaid decision of the ITAT, the issue stands covered in favour of the assessee. Companies functionally dissimilar with that of assessee a business process outsourcing company that provides call center services including customer care, customer retention, first-party receivables management, third-party collections and revenue recovery services to large and mid-sized companies need to be deleted as comparable.
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