The Tax Publishers2020 TaxPub(DT) 3898 (Bang-Trib)

INCOME TAX ACT, 1961

Section 92C

Infosys Ltd. was a giant risk taking company and engaged in development and sale of software products and also owned intangible assets and was therefore, not comparable with software development service provider such as assessee.

Transfer pricing - Determination of ALP - Selection of comparables - Giant company owning significant intangibles and functional dissimilarity

Assessee rendered software development services to its AE abroad. TPO considered Infosys Ltd. as comparable to assessee's case. Held: Infosys Ltd. was a giant risk taking company and engaged in development and sale of software products and also owned intangible assets and was, therefore, not comparable with software development service provider such as assessee.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13


INCOME TAX ACT, 1961

Section 92C

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