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TMI Blog2023 (12) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... the list of comparable. In respect of Eclerx Service Ltd. we find that the function of that company was not similar to the assessee company therefore we do not find any merit in the ground of appeal of the Revenue. No infirmity in the decision of ld. CIT(A). Accordingly, ground no. 1 of the appeal of the revenue is dismissed. M/s R System International Ltd. company was functionally comparable with the assessee company and consistently accepted as a comparable for the earlier years by the lower authorities, we don t find any reason to interfere in the decision of ld. CIT(A) for including this company in the set of comparable. Therefore this ground of appeal of the revenue is dismissed. - Shri Aby T Varkey, Judicial Member And Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A). 2. Fact in brief is that return of income declaring total income of Rs. 1,89,43,161/- was filed on 07.10.2010. The return was subject to scrutiny assessment and notice u/s 143(2) of the Act was issued on 24.08.2011. The assessing officer has referred the case u/s 92CA(1) of the Act to the Transfer Pricing Officer for the determination of Arm s length Price in respect of the assessee s international transaction with its associated enterprises. The TOP vide order u/s 92CA(3) dated 27.01.2014 has suggested an adjustment of Rs. 3,11,29,645/- in the arm s length price of its international transaction in respect of provision of professional services. Thereafter, the assessing officer has passed the order u/s 143(3) r.w.s 144C(3) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Ltd. provides vide range of services which were different from the assessee company and that company also outsourced significant portion i.e 88.34% of its business whereas the assessee company carried out its operation entirely itself which demonstrate that there was functional difference between the assessee company and the comparable selected by the TPO. In respect of other comparable Eclerx Services Limited, the assessee company submitted that company was engaged in data analytics knowledge process outsourcing. The assessee further submitted that KPO function performed by that company was different from the services rendered by the assessee company. 6. During the course of appellate proceedings before us the ld. Counsel has also ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support services: 7. The TPO has rejected R System International Ltd. from the list of comparable submitted by the assessee company on the ground that this company was not engaged in the field of ITES services. 8. However, in the appeal the ld. CIT(A) has accepted the contention of the assessee company and included the R System International Ltd. in the list of comparable for determining arm s price of the international transaction of the professional services provided by the assessee company to its associated enterprises. 9. Heard both the sides and perused the material on record. The assessee company submitted that R. System International Ltd. was also engaged in the BPO services and this company was functionally comparable and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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