2018 (9) TMI 1392 - HC - Income Tax

TPA - exclusion/inclusion of comparables - Held that - Exclusion of companies of high brand value and operated on an economic upscale. Assessee is into performing medical transcription services thus companies functionally dissimilar with that of assessee need to be deselected from final list.

Summary

Issues:
Exclusion/inclusion of comparables for benchmarking in the case of the respondent-assessee for Assessment Year 2011-12.

Analysis:
The High Court addressed the issue of exclusion/inclusion of comparables namely M/s TCS E-serve International Limited, M/s Infosys BPO Limited, M/s Accentia Technologies Limited, M/s ICRA Techno Analysis Limited, and e-Clarx Services for benchmarking in the case of the respondent-assessee for Assessment Year 2011-12. The Tribunal had previously accepted the respondent-assessee's stand in the Assessment Year 2010-11, based on the high brand value and economic upscale operations of M/s TCS E-serve International Limited and M/s Infosys BPO Limited, which allowed them to generate better profits. The Tribunal also noted that M/s Accentia Technologies Limited provided services similar to the respondent-assessee, but due to a lack of segmented data accounts, its exclusion was justified. On the other hand, M/s ICRA Techno Analysis Limited was considered functionally dissimilar as it was engaged in various services without segmented data available, and e-Clarx Services was also deemed functionally dissimilar.

The Court referred to a previous judgment dismissing the Revenue's appeal challenging the Tribunal's findings for the Assessment Year 2010-11. Since the reasoning and comparables excluded were the same for Assessment Year 2011-12, the Court dismissed the present appeal by the Revenue. The Court found no highlighted distinctions or differences from the previous year's decision, leading to the conclusion that no substantial question of law arose for consideration. Consequently, the appeal was dismissed without any order as to costs.