India Services (P.) Ltd. v. ITO

69 SOT 37Income Tax Appellate Tribunal2015#14351 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2019.

Judgments citing India Services (P.) Ltd. v. ITO

M/S Sterling Commerce Pvt. Ltd., Bangalore vs. DCIT, Bangalore

In the result this ground raised by assessee stands allowed

ITA 1220/BANG/2011[2007-08]Status: DisposedITAT Bangalore30 Sept 2019AY 2007-08

Bench: Shri B.R.Baskaran & Smt Beena Pillaiit(Tp)A No.1220(Bang)/2011 (Assessment Year : 2007-08) M/S Sterling Commerce Solutions India Pvt.Ltd., (Successor In Interest To Telelogic India Pvt.Ltd) C/O Ibm India Pvt.Ltd,, Iii Floor, Subramanya Arcade, 12, Bannerghatta Road, Bangalore-560 029 Pan No.Aabct3727D/Ta-158 Appellant Vs The Deputy Commissioner Of Income Tax, Circle-12(4) Bangalore Respondent Appellant By : Sri Padamchand Khincha, Ca Revenue By : Shri Pradeep Kumar, Cit

For Appellant: Sri Padamchand Khincha, CAFor Respondent: Shri Pradeep Kumar, CIT
Section 143Section 92CSection 92C(3)

…ices, whereas assessee is a captive service provider which provides services only to its group concerns on the requirement as per the contract. It has been submitted that Delhi Bench of the ITAT in iQor India Services (P.) Ltd v. ITO [2015] 57 taxmann.com 416/69 SOT 37 (URO) held as under:— 'Eclerx Services Ltd. Eclerx is engaged in providing data analytics services with expertise in financial service and retail and manufacturing. The service provided by the company are high end in nature involving special knowledge and domain expertise and therefore, not functionally comparable with the assessee company which is…

DCIT 9(2), Mumbai vs. Morgan Stanley Advantage Services P.Ltd, Mumbai

In the result, appeal of the assessee is treated as allowed in view of our

ITA 4406/MUM/2012[2007-08]Status: DisposedITAT Mumbai10 Jul 2019AY 2007-08

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singhdcit-9(2) M/S. Morgan Stanley Room No. 218, 2Nd Floor, Advantage Services Pvt. Ltd. Aayakar Bhavan, Athena Building No.5, M.K. Road, Sector-30, Mindscape, Vs. Mumbai-400020. Goregaon (W), Mumbai-400074. Pan: Aaaca3400B Appellant Respondent M/S. Morgan Stanley Dcit, Cc-3(4) Advantage Services Pvt. Ltd. Aayakar Bhavan, Athena Building No.5, M.K. Road, Sector-30, Mindscape, Mumbai-400018. Vs. Goregaon (W), Mumbai-400074. Pan: Aaaca3400B Appellant Respondent Appellant By : Shri Jayant Kumar (Dr) Respondent By : Shri Sunil M. Lala With Shri Tushar Hathiramani (Ar) Date Of Hearing : 10.05.2019 Date Of Pronouncement : 10.07.2019 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri Jayant Kumar (DR)For Respondent: Shri Sunil M. Lala with Shri Tushar Hathiramani (AR)
Section 133(6)Section 143(3)Section 250Section 254(1)Section 92CSection 92C(1)

…n. The ld. AR has taken support of case laws in Stream International Services (P.) Ltd. vs. ACIT [2015] 152 ITD 664 (Mum), DCIT Vs Everest Bussiness Advisory India (P) Ltd. (ITA no. 41/Del/ 2013& 1191/Del/2013 and iQuor India Services (P) Ltd Vs ITO (2015) 69 SOT 37 (Delhi). 28. For Triton Corp Ltd. ( in additional ground of appeal), the ld. AR for the assessee submits that the said comparable has been rejected by the TPO itself in AY 2008-09. Triton Corp Ltd is a part and parcel of Rastogi Group which is under serious indictment and therefore the financial results of the company was distorted and, according…

M/S. Cengage Learning India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result appeal filed by the assessee stands partly allowed

ITA 6484/DEL/2012[2008-09]Status: DisposedITAT Delhi19 Jul 2018AY 2008-09

Bench: Shri Rs Syal & Smt. Beena A Pillaia.Y. 2008-09

Section 10ASection 133(6)Section 143Section 92C(2)Section 92C(3)Section 92D

…m the TP order it is observed that Ld. TPO itself admits it to be a KPO but still has selected it as a comparable because it renders ITeS services. It has been submitted that Delhi Bench of ITAT in iQor India Services (P.) Ltd v. ITO [2015] 57 taxmann.com 416/69 SOT 37 (URO) held as under:— 'Eclerx Services Ltd.’ 11 Eclerx is engaged in providing data analytics services with expertise in financial service and retail and manufacturing. The service provided by the company are high end in nature involving special knowledge and domain expertise and therefore, not functionally comparable with the assessee company whi…

Keane Worldzen India (Pvt.) Ltd., Gurgaon vs. ITO, New Delhi

In the result this ground raised by assessee stands allowed for statistical purposes

ITA 5339/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Jul 2018AY 2007-08

Bench: Shri P.M.Jagtap & Smt. Beena A Pillaiay: 2007-08 Ntt Data Global Delivery Vs. Ito, Ward 5(2) Services Ltd. New Delhi (Formerly Known As Keane Worldzen (I) Pvt.Ltd.) Splendor Trade Tower 2Nd, 3Rd, 4Th, 5Th, 6Th & 7Th Floor Golf Course Extension Road Sector 65, Village Tigra Gurgaon Haryana 122 001 Pan: Aaacw3622M (Appellant) (Respondent) Assessee By : Sh. S.D.Kapila, Adv. Department By : Sh. Sanjay Kumar Yadav, Sr.Dr Date Of Hearing : 26.04.2018 Date Of Pronouncement: 12.07.2018

For Appellant: Sh. S.D.Kapila, AdvFor Respondent: Sh. Sanjay Kumar Yadav, Sr.DR
Section 143(2)Section 143(3)Section 144CSection 92C(2)

…ices, whereas assessee is a captive service provider which provides services only to its group concerns on the requirement as per the contract. It has been submitted that Delhi Bench of the ITAT in iQor India Services (P.) Ltd v. ITO [2015] 57 taxmann.com 416/69 SOT 37 (URO) held as under:— 'Eclerx Services Ltd. Eclerx is engaged in providing data analytics services with expertise in financial service and retail and manufacturing. The service provided by the company are high end in nature involving special knowledge and domain expertise and therefore, not functionally comparable with the assessee company which is…

DCIT, New Delhi vs. M/S. Everest Business Advisory India (P) Ltd., New Delhi

Appeal is dismissed

ITA 2562/DEL/2013[2008-09]Status: DisposedITAT Delhi13 Jun 2018AY 2008-09

Bench: Shri N. K. Saini & Ms Suchitra Kambledcit Vs Everest Business Advisory Circle-11(1), Room No. 312, India (P) Ltd. C. R. Building A/1/B-27, New Delhi Janakpuri New Delhi Aabce2871R (Appellant) (Respondent)

Section 133(6)Section 143(3)Section 14ASection 92C

…al has been excluded by the coordinate Bench of the Tribunal in ITO vs. Heartland Delhi Transcription & Services Pvt. Ltd. – ITA No. 6043/Del/2012, Techbooks International Ltd. vs. ACIT – ITA No. 4990/Del/2011 and IQOR India Services (P) Ltd. vs. ITO – (2015) 69 SOT 37 (Delhi – Trib.), on ground of different business model as it outsourced its work to external vendors to save the cost on employees which is apparent from the figure of employee cost vis-à-vis sales detailed in the preceding paras. So, we order to exclude Vishal from the final set of comparables for benchmarking the international transactions. WIPRO…

DCIT, New Delhi vs. M/S. Everest Business Advisory India (P) Ltd., New Delhi

ITA 41/DEL/2013[2007-08]Status: DisposedITAT Delhi15 Dec 2017AY 2007-08

Bench: Shri B.P. Jain & Shri Kuldip Singh

For Appellant: Ms. Vandana Bhandare, AdvocateFor Respondent: Shri Neeraj Kumar, Senior DR
Section 92CSection 92C(3)

…al has been excluded by the coordinate Bench of the Tribunal in ITO vs. Heartland Delhi Transcription & Services Pvt. Ltd.- ITA No.6043/Del/2012, Techbooks International Ltd. vs. ACIT – ITA No.4990/Del/2011 and IQOR India Services (P) Ltd. vs. ITO – (2015) 69 SOT 37 (Delhi – Trib.), on ground of different business model as it outsourced its work to external vendors to save the cost on employees which is apparent form the figure of employee cost vis- à-vis sales detailed in the preceding paras. So, we order to exclude Vishal from the final set of comparables for benchmarking the international transactions. WI…

Everest Business Advisory India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

ITA 1191/DEL/2013[2007-08]Status: DisposedITAT Delhi15 Dec 2017AY 2007-08

Bench: Shri B.P. Jain & Shri Kuldip Singh

For Appellant: Ms. Vandana Bhandare, AdvocateFor Respondent: Shri Neeraj Kumar, Senior DR
Section 92CSection 92C(3)

…al has been excluded by the coordinate Bench of the Tribunal in ITO vs. Heartland Delhi Transcription & Services Pvt. Ltd.- ITA No.6043/Del/2012, Techbooks International Ltd. vs. ACIT – ITA No.4990/Del/2011 and IQOR India Services (P) Ltd. vs. ITO – (2015) 69 SOT 37 (Delhi – Trib.), on ground of different business model as it outsourced its work to external vendors to save the cost on employees which is apparent form the figure of employee cost vis- à-vis sales detailed in the preceding paras. So, we order to exclude Vishal from the final set of comparables for benchmarking the international transactions. WI…