9911796707
TMI Blog2023 (8) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... essee is mandatory. At the same time, it could be seen from the excerpts of the remand report culled out by the DRP of their direction, no such notice was admittedly issued to the assessee. Apart from this, there were 16 comparables as chosen by the assessee - Not even a single entity selected by the assessee is considered by the learned TPO. Without referring to the comparables selected by the assessee, the learned TPO recorded that the assessee is specialized in managed document review and contract management, it is, therefore, providing high end legal services and, therefore, the assessee is not comparable with high end ITeS and has to be benchmarked under ITeS. We are of the considered opinion that the learned TPO must be directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usiness of legal process outsourcing. It filed its return of income for the assessment year 2018-19 on 28/11/2018 declaring total income of Rs. 14,88,59,090/-. The assessee was found to have entered into international transactions for a sum of Rs. 106.16 crores with its Associated Enterprises (AE) for provision of ITE services and, therefore, determination of Arms Length Price (ALP) was referred to the Transfer Pricing Officer (TPO). After obtaining the order of the TPO under section 92CA(3) of the Act, draft assessment order was passed on 16/09/2021, determining the total income of the assessee at Rs. 31,00,40,880/- by incorporating TP adjustment of Rs. 16,11,81,785/- comprising a sum of Rs. 9,44,60,417/- on account of provision of ITeS a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts of some other case crept into the order of the assessee. According to the learned AR, for the assessment years 2013-14 and 2014-15, after the assessments were set aside by the ITAT, the learned Assessing Officer accepted the assessee as BPO, rendering repetitive services and, therefore, the findings of the learned DRP cannot be sustained. 6. Per contra, learned DR submitted that the learned DRP properly considered the remand report and also the objections filed by the assessee and since the assessee at that time did not press all the arguments now taken, and, therefore, the authorities are justified in sustaining their view. He lastly contends that merely basing on technicalities, the assessee cannot seek quashing of the entire proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d TPO referred to 1. Denave India Pvt. Ltd., 2. Impressions Services Pvt. Ltd., 3. ERM India Pvt. Ltd., 4. Husys Consulting Ltd., 5. Ace Integrated Solutions Ltd., 6. Everstone Capital Advisors Pvt. Ltd., 7. Teks Tech Inspection India Pvt. Ltd., 8. Remunance Systems Pvt. Ltd., 9. Apave Assessments India Pvt. Ltd., 10. Mercer Consulting (India) Pvt. Ltd., and 11. Red Baron Integrated Services Pvt. Ltd. Not even a single entity selected by the assessee is considered by the learned TPO. Without referring to the comparables selected by the assessee, the learned TPO recorded that the assessee is specialized in managed document review and contract management, it is, therefore, providing high end legal service ..... X X X X Extracts X X X X X X X X Extracts X X X X
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