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TMI Blog2024 (11) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TMI 1548 - DELHI HIGH COURT ] as for Infosys BPO Ltd. and TCS E-Serve Ltd. is concerned, it could not be disputed before us that they were mega entities and could not have been included in the list of comparables bearing in mind the judgment rendered by the Court in CIT v. Agnity India Technologies Pvt. Ltd. [ 2013 (7) TMI 696 - DELHI HIGH COURT] No substantial question of law. - HON'BLE M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Hon'ble Apex Court in the case of Mumbai International Airport (P) Ltd. Vs. Golden Chariot Airport with regard to the doctrine of election and the 'Doctrine' of Approbation and Reprobation' wherein it has been laid down that the litigant cannot change and choose its stand to suit its convenience? iii) Whether learned ITAT was justified in laying down stringent standards o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that the principal issues arise in respect of the exclusion of Acropetal Technologies Ltd., Eclerx Services Ltd., Infosys BPO Ltd. and TCS E-Serve Ltd. from the list o comparables. 3. Insofar as Infosys BPO Ltd. and TCS E-Serve Ltd. is concerned, it could not be disputed before us that they were mega entities and could not have been included in the list of comparables bearing in mind the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Agnity India Risk Profile Operate at minimal risks as the 100% services are provided to AEs Operate as full-fledged risk taking entrepreneurs Nature of Services Diversified-consulting, application design, development, re-engineering and maintenance system integration, package evaluation and implementation and business process management, etc. (refer page 117 of the paper book) Contract Software De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are provide to AEs) Expenditure on Research Development Rs. 102 crores Rs. Nil Other 100% offshore (from India) 8. It is a common case that Satyam Computer Services Ltd. should not be taken into consideration. The tribunal for valid and good reasons has pointed out that Infosys Technologies Ltd. cannot be taken as a comparable in the present case. 4. Following the aforesaid, we find that the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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