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TMI Blog2022 (9) TMI 1192X X X X Extracts X X X X X X X X Extracts X X X X ..... ts with respect to the functional dissimilarities of the said four comparables with the Assessee. In the present appeal, the challenge is to the said finding of facts and there is no perversity in the said findings. Revenue has not been able to demonstrate that the analysis done by ITAT and DRP while excluding the companies suggested by Revenue from the list of comparables, was in any manner contrary to the settled position in law. This Court in WSP Consultants India Pvt. Ltd. [ 2017 (11) TMI 464 - DELHI HIGH COURT] has held that inclusion or exclusion of comparables per se cannot be treated as a question of law unless it is demonstrated to the Court that the Tribunal took into account irrelevant consideration or excluded irrelevant fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces as a comparable as it ignored the fact that the said comparable provides Data Analysis and Outsourcing Services which are a part and parcel of the ITES Segment. He states that similarly ITAT fell in error in rejecting ICRA Techno Analytics Ltd. as a comparable whereas this company provides IT enabled services. He further states that ITAT fell in error in applying the high turnover threshold limit while excluding the comparable as it failed to appreciate that margins in the ITES industry are not linked to the turnover of the company. 3. We have heard the learned counsel for the appellant. In this case, in view of the international transactions of the Assessee, the case was referred to the Transfer Pricing Officer ( TPO ). The main int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as recorded that admittedly, there has been no change in the functions performed by the Assessee for the earlier years and in AY 2009-10 when the said comparables were excluded in the case of the Assessee after analyzing its functional profile. 5. The ITAT and the DRP have thus, returned concurrent finding of facts with respect to the functional dissimilarities of the said four comparables with the Assessee. In the present appeal, the challenge is to the said finding of facts and there is no perversity in the said findings. The Revenue has not been able to demonstrate that the analysis done by ITAT and DRP while excluding the companies suggested by Revenue from the list of comparables, was in any manner contrary to the settled position i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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