2018 (7) TMI 2030 - HC - Income Tax

TP Adjustment - exclusion of M/s eClerx Services Pvt. Ltd., M/s Infosys BPO Ltd. and M/s Accentia Technologies Ltd. - HELD THAT - M/s Accentia Technologies Ltd. and M/s eClerx Services Pvt. Ltd. are functionally dissimilar and cannot be compared with the assessee company which is mainly engaged in providing low-end services to the group concerns. As regards the exclusion of M/s Infosys BPO Ltd., the following question of law arises - Did the ITAT fall into error in excluding M/s Infosys BPO Ltd from the list of comparables which had been taken into account by the Assessing Officer in the facts of this case?

Summary

Issues: Exclusion of three comparables in Arm's Length Price determination under Section 260-A of the Income Tax Act, 1961.

Analysis:
1. M/s Accentia Technologies Ltd. and M/s eClerx Services Pvt. Ltd.:
The Income Tax Appellate Tribunal (ITAT) excluded M/s Accentia Technologies Ltd. and M/s eClerx Services Pvt. Ltd. from comparables due to functional dissimilarity with the assessee. The ITAT noted that Accentia Technologies Ltd. is engaged in healthcare activities like medical transcription, coding, and billing, which are different from the call center services provided by the assessee. Similarly, eClerx Services Pvt. Ltd. offers specialized data analytics and process solutions, focusing on financial services and retail sectors, which are distinct from the low-end services provided by the assessee. The Court upheld the ITAT's decision, finding no error of law in excluding these entities as comparables.

2. M/s Infosys BPO Ltd.:
The question of law arises concerning the exclusion of M/s Infosys BPO Ltd. from the list of comparables. The Court issued notice to the respondent/assessee to address whether the ITAT erred in excluding Infosys BPO Ltd. from the comparables considered by the Assessing Officer. This issue remains pending for further examination and determination by the Court.

In conclusion, the High Court of Delhi analyzed the exclusion of three comparables in the Arm's Length Price determination under the Income Tax Act, 1961. While upholding the exclusion of M/s Accentia Technologies Ltd. and M/s eClerx Services Pvt. Ltd. due to functional dissimilarity with the assessee, the Court reserved judgment on the exclusion of M/s Infosys BPO Ltd. pending further review.