Capital IQ Information Systems (India) (P.) Ltd. v. DCIT Quatrro Business Support Solution Pvt. Ltd. vs. DCIT (57 SOT 14)

Assistant Commissioner of Income Tax, Bangalore vs. Nvidia Graphics Pvt Ltd, Bangalore

In the result appeal filed by revenue stands dismissed and appeal filed by assessee stands allowed

ITA 736/BANG/2017[2011-12]Status: DisposedITAT Bangalore31 Aug 2021AY 2011-12

Bench: Shri. B. R. Baskaran & Smt. Beena Pillaiassessment Year : 2011 – 12

For Appellant: Shri Chavali Narayan, C.AFor Respondent: Shri Pradeep Kumar, CIT

…therefore, not be retained as a comparable. The DRP in directing exclusion of this company followed decision of Hyderbad Bench of ITAT in the case of Capital IQ Information Systems (India) (P.) Ltd. v. Dy. CIT (International Taxation) [2013] 32 taxmann.com 21/57 SOT 14 (URO) (Hyd. - Trib.). The DRP also observed that this company was predominantly doing on-site development of software and therefore cannot be compared with a company which develops software off-shore. One of the filters applied by the TPO was that companies where employee costs are less than 25% of turnover cannot be regarded as comparable. In the…

The DCIT, Circle-4, Ahmedabad vs. Ghcl Limited, Ahmedabad

ITA 976/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad05 Mar 2021AY 2009-10

For Appellant: Shri S. N. Soparkar, Sr. A.R. &For Respondent: Shri Mohd. Usman, CIR-D.R. &

Section 143(2)Section 144C(2)(b)Section 144C(5)Section 14ASection 37(1)Section 92C

…affected the profitability of M/s, Accentia Technologies Ltd. Reliance for the above was placed on the decisions of its co- ordinate benches in Hyderabad and Bangalore, i.e.. Capital 1Q Information Systems (India) (P.) Ltd. \. Dy. CIT [2D131J2.taxmami.cpm 2.1/57 SOT 14 (Hyd) and Symphony Marketing Solutions India (P.) Ltd. v. ITO [2013] 18 taxmann.com 55 (Bang). The Revenue has not attempted to show either before the Tribunal or even before us that the merger/amalgmation which took place in the previous year relevant to subject assessment year did not have an impact on the profitability of the Accentia Technologi…

Ghcl Limited, Ahmedabad vs. The Dy.CIT., Circle-4, Ahmedabad

ITA 1042/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad05 Mar 2021AY 2009-10

For Appellant: Shri S. N. Soparkar, Sr. A.R. &For Respondent: Shri Mohd. Usman, CIR-D.R. &

Section 143(2)Section 144C(2)(b)Section 144C(5)Section 14ASection 37(1)Section 92C

…affected the profitability of M/s, Accentia Technologies Ltd. Reliance for the above was placed on the decisions of its co- ordinate benches in Hyderabad and Bangalore, i.e.. Capital 1Q Information Systems (India) (P.) Ltd. \. Dy. CIT [2D131J2.taxmami.cpm 2.1/57 SOT 14 (Hyd) and Symphony Marketing Solutions India (P.) Ltd. v. ITO [2013] 18 taxmann.com 55 (Bang). The Revenue has not attempted to show either before the Tribunal or even before us that the merger/amalgmation which took place in the previous year relevant to subject assessment year did not have an impact on the profitability of the Accentia Technologi…

DCIT, Bangalore vs. M/S Broadcom Communication Technologies Pvt. Ltd., Bangalore

In the result appeal filed by revenue stands dismissed

ITA 482/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Oct 2020AY 2011-12

Bench: Shri. B. R. Baskaran & Smt. Beena Pillaiit(Tp)A No.482/Bang/2016 Assessment Year : 2011-12

For Appellant: Shri Sharath Rao, C.AFor Respondent: Shri Muzaffar Hussain, CIT (DR)

Section 143(3)Section 144C(13)

…therefore, not be retained as a comparable. The DRP in directing exclusion of this company followed decision of Hyderbad Bench of ITAT in the case of Capital IQ Information Systems (India) (P.) Ltd. v. Dy. CIT (International Taxation) [2013] 32 taxmann.com 21/57 SOT 14 (URO) (Hyd. - Trib.). The DRP also observed that this company was predominantly doing on-site development of software and therefore cannot be compared with a company which develops software off-shore. One of the filters applied by the TPO was that companies where employee costs are less than 25% of turnover cannot be regarded as comparable. In the…

DCIT, New Delhi vs. M/S. Rsm Mcgladrey Financial Process Outsourcing India Pvt. Ltd., Mumbai

Appeal stands dismissed in view of the law tax effect

ITA 3188/DEL/2017[2007-08]Status: DisposedITAT Delhi26 May 2020AY 2007-08

…ts AE and, thus, there was a stark functional dissimilarity. Similarly, this company was directed to be excluded by ITAT Hyderabad Bench in Capital IQ Information Systems (India) (P.) Ltd. v. DCIT Quatrro Business Support Solution Pvt. Ltd. vs. DCIT (2013) 57 SOT 14 (URO)/25 ITR 185 (Hyd.) (Trib.) on the ground that this company along with Infosys B P O Ltd. and Wipro Ltd. cannot be treated as a comparable considering their substantial high turnover as compared to the assessee. Accordingly, in view of the above stated judicial proposition, we direct the exclusion of this company also from the final set of c…

Rsm Mcgladrey Financial Process Outsourcing India Pvt. Ltd., Gurgaon vs. DCIT, Gurgaon

Appeal stands dismissed in view of the law tax effect

ITA 3174/DEL/2017[2007-08]Status: DisposedITAT Delhi26 May 2020AY 2007-08

…ts AE and, thus, there was a stark functional dissimilarity. Similarly, this company was directed to be excluded by ITAT Hyderabad Bench in Capital IQ Information Systems (India) (P.) Ltd. v. DCIT Quatrro Business Support Solution Pvt. Ltd. vs. DCIT (2013) 57 SOT 14 (URO)/25 ITR 185 (Hyd.) (Trib.) on the ground that this company along with Infosys B P O Ltd. and Wipro Ltd. cannot be treated as a comparable considering their substantial high turnover as compared to the assessee. Accordingly, in view of the above stated judicial proposition, we direct the exclusion of this company also from the final set of c…

M/S Marvell India Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2173/BANG/2017[2013-14]Status: DisposedITAT Bangalore06 Apr 2018AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Arun Kumar Garodiaassessment Year :2013-14

For Appellant: Shri Mukesh Butani /For Respondent: Shri C. Sundar Rao, CIT (DR)

Section 143(3)Section 144C(13)Section 92CSection 92C(3)

…sue in dispute was regarding considering foreign exchange loss as operating loss. The Tribunal in that case followed another Tribunal order rendered in the case of Capital IQ Information Systems India (P.) Ltd. vs. DCIT (International Taxation) as reported in 57 SOT 14 (Hyd. – Trib.). In that case, the issue in Page 9 of 11 dispute was regarding foreign exchange fluctuation gain and it was held that foreign exchange fluctuation income is forming part of the sales proceeds of the assessee. There cannot be any dispute on this aspect but for such issue also, it has to be seen as to whether foreign exchange fluctuat…

Scancafe Digital Solutions Private Limited, Bangalore vs. ITO, Bangalore

In the result, the appeal filed by the revenue is partly allowed

ITA 502/BANG/2015[2010-11]Status: DisposedITAT Bangalore12 Apr 2017AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Laliet Kumar

For Appellant: Shri Chavali Narayan, CAFor Respondent: Shri G.Kamaladhar, Standing Counsel

Section 143(3)Section 92C

…the ALP. The findings of the Tribunal in the case of Symphony Marketing Solutions India Private Limited (supra) is based on the another decision of Hyderabad Bench of the Tribunal in the case of CAPITAL IQ INFORMATION SYSTEMS (INDIA) (P.) LTD. v. DCIT [2013] 57 SOT 14 (ITAT[Hyd]). It is pertinent to note that an extra ordinary event of merger, amalgamation or acquisition is relevant only if such event affects the result and operating margin of the very segment of the company to be compared with the assessee. In case, of segmental results are taken in to account and extraordinary event of merging or demerging tak…

Willis Processing Services (India) P.Ltd, Mumbai vs. Asst CIT (OSD) 2(3), Mumbai

ITA 6877/MUM/2012[2008-09]Status: DisposedITAT Mumbai22 Mar 2017AY 2008-09

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No. 6877/Mum/2012 (निर्धारण वर्ा / Assessment Year: 2008-09)

For Appellant: Sh. R.R Vora and Nikhil TiwariFor Respondent: Sh. Debashis Chanda

Section 133Section 143(3)Section 144CSection 92C(3)Section 92C(4)

…P a g e | 1 IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI G.S. PANNU, AM AND SHRI RAVISH SOOD, JM आयकर अपील सं./ I.T.A. No. 6877/Mum/2012 (निर्धारण वर्ा / Assessment Year: 2008-09) M/s Willis Processing Services (India) Pvt. Ltd. ACIT (OSD) - 2(3), Plant No.6, Godrej & Boyce Mfg.Co. Compound, Aaykar Bhawan, बिधम/ Vs. Pirojshnagar, L.B.S Marg, Vikhroli (West), Mumbai - 400 020 Mumbai – 400 079. स्थायी लेखा सं./जीआइआर सं./PAN/GIR No. AABFL2160M (अपीलाथी /Appellant) (प्रत्यथी /Respondent) : अपीलाथी कीओर से / Appellant by : Sh. R.R Vora and Nikhil Tiwari. प्रत्यथी की ओर से/Respondent by : S…

Capital IQ Information Systems (India) (P.) Ltd. v. DCIT Quatrro Business Support Solution Pvt. Ltd. vs. DCIT

Judgments citing Capital IQ Information Systems (India) (P.) Ltd. v. DCIT Quatrro Business Support Solution Pvt. Ltd. vs. DCIT