M/s Genisys Pvt Ltd. v. DCIT

Deputy Commissioner of Income Tax, Circle-1(1)(1), Bengaluru vs. Analog Devices India Private Limited, Bengaluru

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

…e excluded, we are of the opinion that turnover filter can be applied for selection of comparables. This has been the view consistently taken by the Co-ordinate Benches of this Tribunal in a number of cases. In the case of M/s Genisys (P.) Ltd. v. DCIT [2011] 64 DTR 225 it was held by this Tribunal as under at paras-8 to 09 of its order: 8. According to Ld. counsel for the assessee size is an important fact of an enterprise level difference. He submitted that comparables should have something similar or equivalent and should possess same or almost the same characteristics. To use a simile, he submitted that a Mar…

DCIT vs. M/S Fair Isaac India Pvt. Ltd., Bangalore

In the result, the assessee’s appeal is allowed for statistical purposes

Bench: Shri A.K. Garodiasmt. Asha Vijayaraghavan

…to be excluded, we are of the opinion that turnover filter can be applied for selection of comparables. This has been the view consistently taken by the Co-ordinate Benches of this Tribunal in a number of cases. In the case of M/s Genisys Pvt Ltd Vs DCIT(2011)64 DTR 225 it was held by this Tribunal as under at paras-8 to 09 of its order; 8. According to learned counsel for the assessee size is an important facet of an enterprise level difference. He submitted that comparables should have something similar or equivalent and should possess same or almost the same characteristics. To use a simile, he submitted that…

DCIT, Bangalore vs. M/S Sunquest Information Systems (India) Pvt. Ltd., Bangalore

Appeal of the assessee is partly allowed whereas appeal of the Revenue is dismissed

Bench: Shri. Sunil Kumar Yadav & Shri. Abraham P. Georgei.T(Tp).A No.1604/Bang/2014 (Assessment Year : 2009-10) Deputy Commissioner Of Income-Tax, Circle – 6(1)(2), Bangalore .. Appellant V. M/S. Sunquest Information Systems (India) P. Ltd, 1St Floor, Eagle Ridge, Embassy Gold Links Business Park, Off Intermediate Ring Road, Bangalore 560 071 .. Respondent Pan : Aaecs2754E I.T(Tp).A No.1666/Bang/2014 (Assessment Year : 2009-10) (By The Assessee) Assessee By : Shri. K.R. Vasudevan, Advocate Revenue By : Dr. P. K. Srihari, Addl. Cit Heard On : 05.05.2016 Pronounced On : 27 .05.2016 O R D E R Per Abraham P. George:

…to be excluded, we are of the opinion that turnover filter can be applied for selection of comparables. This has been the view consistently taken by the Co-ordinate Benches of this Tribunal in a number of cases. In the case of M/s Genisys Pvt Ltd Vs DCIT(2011)64 DTR 225 it was held by this Tribunal as under at paras-8 to 09 of its order; IT(TP)A.1604 & 1666/Bang/2014 Page - 14 8. According to learned counsel for the assessee size is an important facet of an enterprise level difference. He submitted that comparables should have something similar or equivalent and should possess same or almost the same characteri…

Indigra Exports Pvt. Limited, Bangalore vs. DCIT, Bangalore

Appeal of the Revenue is dismissed whereas appeal of assessee is allowed for statistical purpose

Bench: Smt. Asha Vijayaraghavan & Shri. Abraham P. Georgei.T(Tp).A No.309/Bang/2015 (Assessment Year : 2010-11) Indigra Exports P. Ltd, 46, 2Nd Floor, Cc Villa, Ejipura Main Road, Viveknagar Post, Bangalore 560095 .. Appellant Pan : Aaaci3513M V. Deputy Commissioner Of Income-Tax, Circle -11(4), Bangalore .. Respondent I.T(Tp).A No.193/Bang/2015 (Assessment Year : 2010-11) (By The Revenue) Assessee By : Shri. C. J. Brito, Ca Revenue By : Shri. Sanjay Kumar, Cit-Iii Heard On : 13.10.2015 Pronounced On : 10.11.2015 O R D E R Per Abraham P. George: These Are Appeals Filed By The Assessee & Revenue Respectively Against An Assessment Order Dt.25.02.2014 Passed Pursuant To Directions Of Drp U/S.144C Of The Income-Tax Act, 1961 (‘The Act’ In Short).

…d. AR submitted that adjustments for differences, when it could be carried out with reasonable accuracy had to be done before attempting a comparison. Reliance was placed on the coordinate bench in the case of Genysis Integrating Systems India P. Ltd v. DCIT [64 DTR 225]. 18. Per contra, Ld. DR strongly supported the orders of authorities below. 19. We have perused the orders and heard the rival contentions. Case of the assessee is that it had a capacity for production of 1,22,233 sq.mts of granite but it had only produced 28,336 sq.mt during the year. As per the assessee, because of this its sales went down by m…

M/S. Verisign Services India Pvt. Ltd., Bangalore vs. DCIT, Bangalore

In the result, the appeal of the assessee is partly allowed for

Bench: Smt Asha Vijayaraghavan & Shri Abraham P George

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘A’, BANGALORE BEFORE SMT ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER IT(TP)A No.1404(B)/2010 (Assessment year : 2006-07) M/s VeriSign Services India Pvt.Ltd., Summit No.6/B, 7th Main, 3rd Block, 80 Feet Road, Koramangala, Bangalore 560-034 Appellant PAN No.AAACL8712F Vs The Deputy Commissioner of Income-tax, Circle-12(5), 14/3, 5th Floor, R.P.Bhavan, Nrupathunga Road, Bangalore-560 001 Respondent Assessee by : Shri Pravin Kishore Prasad, Advocate Revenue by : Shri I.P.S.Bindra, CIT-DR-I Date of hearing : 14-10-2015…