The Tax Publishers2021 TaxPub(DT) 0051 (Bang-Trib)

INCOME TAX ACT, 1961

Section 92C

TCS E-Serve Limited was engaged in delivering core business processing services, analytics/insigns (KPO) and support services for both data and voice processes. Further, the company was marked by M/s. TCS Ltd. and Tata brand equity. Accordingly, it could not be taken as suitable comparable to assessee (ITES provider).

Transfer pricing - Determination of ALP - Selection of comparables - Significant brand value and functional dissimilarity

Assessee rendered IT enabled services to its AE abroad. TPO considered TCS E-Serve Limited as comparable to assessee's case. Held: TCS E-Serve Limited was engaged in delivering core business processing services, analytics/insigns (KPO) and support services for both data and voice processes. Further, the company was marked by M/s. TCS Ltd. and Tata brand equity. Accordingly, TCS E-Serve Ltd. could not be taken as suitable comparable to assessee's case.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13


INCOME TAX ACT, 1961

Section 92C

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