The Tax Publishers2020 TaxPub(DT) 3459 (Bang-Trib)

INCOME TAX ACT, 1961

Section 92C

Infosys Ltd. having huge brand value and intangibles as well as bargaining power, could not be compared with captive software development services like assessee.

Transfer pricing - Determination of ALP - Selection of comparables - Huge brand value and intangibles as well as bargaining power

Assessee rendered software development services to its AE abroad. TPO considered Infosys Ltd. as comparable to assessee's case. Held: Infosys Ltd. having huge brand value and intangibles as well as bargaining power, could not be compared with captive software development services like assessee.

Followed:CSG Systems International (I) P. Ltd. v. DCIT, ITA No. 2026/Bang/2017, Order, dated 31-7-2016

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 2010-11

INCOME TAX ACT, 1961

Section 92C

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