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2017 (8) TMI 1364 - HC - Income TaxTPA - excluding Coral Hub Ltd.; M/s. Infosys BPO and M/s. Wipro BPO from the list of comparables for determining the arm s length price - Held that - Companies functionally dissimilar with that of assessee need to be deselected from final list.
Issues:
1. Condonation of delay in filing reply. 2. Condonation of delay in filing appeal. 3. Exclusion of companies from comparables for Transfer Pricing adjustment. Condonation of Delay in Filing Reply: The Respondent sought condonation of a 7-day delay in filing the reply, which was allowed by the Court based on the reasons provided in the application. Condonation of Delay in Filing Appeal: The appeal by the Revenue was against an order passed by the Income Tax Appellate Tribunal (ITAT) for the Assessment Year 2008-09. There was a delay of 430 days in filing the appeal, attributed to a previous appeal filed in another High Court. The Court noted that the explanation for the delay was unsatisfactory, as the appeal was filed almost five months after the dismissal of the previous appeal. Despite examining the appeal on merits, the Court declined to condone the delay in filing the appeal. Exclusion of Companies from Comparables for Transfer Pricing Adjustment: The main issue in the appeal was the exclusion of certain companies from the list of comparables for determining the arm's length price of an international transaction. The Court considered the exclusion of Coral Hub Ltd., Infosys BPO, and Wipro BPO. Regarding Coral Hub Ltd., the ITAT's decision to exclude it was upheld based on the business model differences and risk profiles. The Court referenced a previous case to support this decision. The exclusion of Infosys BPO was supported by legal precedents, and Wipro BPO was found to be similar to Infosys BPO in terms of size and scale. The Court found no legal infirmity in the ITAT's order, which also remanded the matter to the Transfer Pricing Officer for a working capital adjustment. The appeal was dismissed due to both the delay in filing and the merits of the case.
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