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2018 (1) TMI 1453 - HC - Income TaxTP Adjustment - selection of comparable - HELD THAT - As far as the Revenue s grievance with respect to the exclusion of two comparables i.e. Tata Elxsi Limited and Thirdware Solutions is concerned the Court is of the opinion that so far as these two comparables are concerned the findings with respect to functional similarity of these entities vis-a-vis the assessee are borne out from the record. Inclusion of SIP Technologies and Export Limited as a comparable is concerned the approach adopted by the ITAT of ignoring the low margin is in consonance with this Court s judgment. However with respect to the exclusion of two other comparables the Court is of the opinion that a question of law arise. Treatment of forex gain/loss - HELD THAT - This Court has ruled against the Revenue holding that the forex gain/loss cannot be treated as a part of income and made the subject matter of adjustment in the cases of Principal Commissioner of Income Tax v. Cashedge India Pvt. Ltd. 2016 (5) TMI 1348 - DELHI HIGH COURT as well as Principal Commissioner of Income Tax v. B.C. Management Services Pvt. Limited 2017 (12) TMI 255 - DELHI HIGH COURT Appeal Admitted on - (1) Did the ITAT fall into error in excluding the Tata Consultancy Services Limited (TCS) and Infosys Technologies Limited from the list of comparables having regard to the previous decisions of this Court?
Issues involved:
1. Exclusion of comparables by the Income Tax Appellate Tribunal (ITAT) in the impugned judgment. 2. Treatment of forex gain/loss as part of income and subject matter of adjustment. Issue 1: Exclusion of comparables by ITAT: The High Court considered the Revenue's appeal under Section 260A of the Income Tax Act, 1961, regarding the exclusion of four comparables by the ITAT. The Court found that the exclusion of Tata Elxsi Limited and Thirdware Solutions was justified based on functional similarity findings with respect to the assessee. However, the inclusion of SIP Technologies and Export Limited as a comparable, despite low margin, was deemed appropriate by the ITAT and aligned with the Court's judgment. Nevertheless, the Court opined that a question of law arises concerning the exclusion of two other comparables. The Court agreed to consider the question raised regarding the exclusion of Tata Consultancy Services Limited (TCS) and Infosys Technologies Limited from the list of comparables, citing previous decisions of the Court. Issue 2: Treatment of forex gain/loss: The Court addressed the issue of treating forex gain/loss as part of income and subject matter of adjustment. Relying on previous judgments, the Court ruled against the Revenue, stating that forex gain/loss cannot be considered as income and adjusted accordingly. The Court cited cases such as Principal Commissioner of Income Tax v. Cashedge India Pvt. Ltd. and Principal Commissioner of Income Tax v. B.C. Management Services Pvt. Limited to support its decision. The Court admitted the case and identified the question of law for consideration. In conclusion, the High Court's judgment delved into the exclusion of comparables by the ITAT and the treatment of forex gain/loss as part of income. The Court provided detailed analysis and rulings on each issue, setting the stage for further proceedings based on the identified questions of law.
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