Integreon Managed Solutions India Pvt. Ltd. v. ACIT

Convrgys Steream P. Ltd, Thane vs. Asst CIT 8(2)(2), Thane

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year: 2012-13 M/S. Convergys Stream Acit Cit 8(2)(2), Pvt. Ltd. (Now Known As Erstwhile Dcit 8(2)(2), Convergys Services India Vs. R.No.27, B Wing, Pvt. Ltd.), Ashar It Park, Pan: Aaecs8569F Wagle Estate, Thane (Appellant) (Respondent) Present For: Assessee By : Shri Dhanesh Bafna, A.R. Shri Nishant Shah, A.R. Revenue By : Shri Sunil Deshpande, D.R. Date Of Hearing : 07.12.2020 Date Of Pronouncement : 28.12.2020 O R D E R

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “K”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER Assessment Year: 2012-13 M/s. Convergys Stream ACIT CIT 8(2)(2), Pvt. Ltd. (Now known as Erstwhile DCIT 8(2)(2), Convergys Services India Vs. R.No.27, B Wing, Pvt. Ltd.), Ashar IT Park, PAN: AAECS8569F Wagle Estate, Thane (Appellant) (Respondent) Present for: Assessee by : Shri Dhanesh Bafna, A.R. Shri Nishant Shah, A.R. Revenue by : Shri Sunil Deshpande, D.R. Date of Hearing : 07.12.2020 Date of Pronouncement : 28.12.2020 O R D E R Per Rajesh Kumar, Accountant Membe…

Mmodal Global Seriveces P.Ltd, Navi Mumbai vs. Asst CIT 15(2)(2), Mumbai

In the result, Ground Nos

Bench: Shri Shamim Yahya & Shri Pawan Singhm Modal Global Services Acit Circle-15(2)(2) Private Ltd. (Formerly Known As 480, Aayakar Bhavan, Cbay System (India) Pvt. Ltd.), M.K. Road, 3Rd Floor, Bldg. No.3, Mindspace Mumbai-400020. Vs. – Airoli, Plot No.3, Kalwa Ttc Industrial Area Midc, Thane Belapur Road, Airoli, Navi Mumbai-400708. Pan: Aaacc9165F Appellant Respondent Appellant By : Ms. Karishma R. Phatarphekar With Shri Harsh Shah & Shri Punit Bothra (Ar) Respondent By : Shri Nitin Shivraj K. Patil (Jt. Cit) Date Of Hearing : 10.10.2019 Date Of Pronouncement : 16.10.2019 Order Under Section 254(1)Of Income Tax Act

…ore, it could not be termed as good comparable in terms of the decision of Hon'ble Bombay High Court in CIT V/s Pentair Water India (P.) Ltd. [2016 69 taxmann.com 180] as followed by Mumbai Tribunal in Integreon Managed Solutions India Pvt. Ltd. Vs ACIT [2019 101 Taxmann.com 289]. Further reliance has been placed on the decision of Delhi Tribunal in Baxter India Pvt. Ltd. V/s ACIT [2017 85 Taxmann.com 285]. It has further been submitted that there was on extraordinary event in this entity since it acquired an Australian based Company namely M/s Portland Group Pty. Ltd. as noted by Bangalore Tribunal in Mobily Inf…

Pangea 3 Legal Database Systems P. Ltd, Mumbai vs. DCIT 10(3)(2), Mumbai

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am आयकर अपील सुं/ Ita No. 484/Mum/2016 (यनिाारण बर्ा / Assessment Year 2011-12) प्रत्याक्षेप सM. / Co No. 24/Mum/2016 (Arising In Ita No. 431/Mum/2016 For Ay 2011-12)

…e termed as proper comparable. Reliance has been placed on the decision of Hon’ble Bombay High Court in CIT V/s Pentair Water India (P.) Ltd. [2016 69 taxmann.com 180] as followed by Mumbai Tribunal in Integreon Managed Solutions India Pvt. Ltd. Vs ACIT [2019 101 Taxmann.com 289]. Another point raised is the fact that this entity has outsourced substantial work to the third parties whereas the assessee as done work in-house. Therefore, there was difference in business model. We find that the issue of this comparable was restored back to the file of Ld. TPO by the earlier order of the Tribunal in assessee’s own ca…

DCIT 10(3)(2), Mumbai vs. Pangea 3 Legal Database Systems P. Ltd, Mumbai

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am आयकर अपील सुं/ Ita No. 484/Mum/2016 (यनिाारण बर्ा / Assessment Year 2011-12) प्रत्याक्षेप सM. / Co No. 24/Mum/2016 (Arising In Ita No. 431/Mum/2016 For Ay 2011-12)

…e termed as proper comparable. Reliance has been placed on the decision of Hon’ble Bombay High Court in CIT V/s Pentair Water India (P.) Ltd. [2016 69 taxmann.com 180] as followed by Mumbai Tribunal in Integreon Managed Solutions India Pvt. Ltd. Vs ACIT [2019 101 Taxmann.com 289]. Another point raised is the fact that this entity has outsourced substantial work to the third parties whereas the assessee as done work in-house. Therefore, there was difference in business model. We find that the issue of this comparable was restored back to the file of Ld. TPO by the earlier order of the Tribunal in assessee’s own ca…

Asst CIT 10(3)(2), Mumbai vs. Pangea3 Legal Database P.Ltd, Mumbai

Appeal stands dismissed whereas the assessee’s appeal stand partly allowed in terms of our above order

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

…rable. Reliance has been placed on the decision of Hon’ble Bombay Assessment Year-2010-11 High Court in CIT V/s Pentair Water India (P.) Ltd. [2016 69 taxmann.com 180] as followed by Mumbai Tribunal in Integreon Managed Solutions India Pvt. Ltd. Vs ACIT [2019 101 Taxmann.com 289]. Another point raised is the fact that this entity has outsourced substantial work to the third parties whereas the assessee as done work in-house. Therefore, there was difference in business model. We find that the issue of this comparable was restored back to the file of Ld. TPO by the earlier order of the Tribunal in assessee’s own ca…

Pangea Legal Database Systems Private Limited, Mumbai vs. ACIT, 10(3)(2), Mumbai

Appeal stands dismissed whereas the assessee’s appeal stand partly allowed in terms of our above order

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

…rable. Reliance has been placed on the decision of Hon’ble Bombay Assessment Year-2010-11 High Court in CIT V/s Pentair Water India (P.) Ltd. [2016 69 taxmann.com 180] as followed by Mumbai Tribunal in Integreon Managed Solutions India Pvt. Ltd. Vs ACIT [2019 101 Taxmann.com 289]. Another point raised is the fact that this entity has outsourced substantial work to the third parties whereas the assessee as done work in-house. Therefore, there was difference in business model. We find that the issue of this comparable was restored back to the file of Ld. TPO by the earlier order of the Tribunal in assessee’s own ca…

International Speciality Products (India) P Ltd, Navi Mumbai vs. Asst CIT 15(2)(1), Mumbai

The appeal stands partly allowed in terms of our above order

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am

…ore, it could not be termed as good comparable in terms of the decision of Hon’ble Bombay High Court in CIT V/s Pentair Water India (P.) Ltd. [2016 69 taxmann.com 180] as followed by Mumbai Tribunal in Integreon Managed Solutions India Pvt. Ltd. Vs ACIT [2019 101 Taxmann.com 289]. Further reliance has been placed on the decision of Delhi Tribunal in Baxter India Pvt. Ltd. V/s ACIT [2017 85 Taxmann.com 285]. It has further been submitted that there was on extraordinary event in this entity since it acquired an Australian based Company namely M/s Portland Group Pty. Ltd. as noted by Bangalore Tribunal in Mobily In…