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“comparable companies”

Transfer PricingSection 92CSection 92C1,304 judgments

The decision most relied on for comparable companies is Rampgreen Solutions Pvt. Ltd. v. CIT (377 ITR 533), cited in 196 judgments on BharatTax.

Leading authorities on comparable companies

Rampgreen Solutions Pvt. Ltd. v. CIT
377 ITR 533 · 2015 · High Court
196
citing judgments

Knowledge Process Outsourcing (KPO) service providers are functionally dissimilar to Business Process Outsourcing (BPO) or Information Technology Enabled Services (ITeS) providers and cannot be compared for transfer pricing purposes, even under the Transactional Net Margin Method (TNMM). Further, companies with significantly different business models, such as those with extensive subcontracting, should be excluded as comparables.

DCIT v. Quark Systems (P.) Ltd.
38 SOT 307 · 2010 · ITAT
179
citing judgments

An assessee is not estopped or precluded from seeking the exclusion of a company from its Transfer Pricing study comparables, even if initially selected, if it can demonstrate valid reasons for non-comparability.

CIT v. Agnity India Technologies (P.) Ltd.
36 Taxmann.com 289 · 2013 · High Court
171
citing judgments

The Delhi High Court holds that Infosys Ltd. is not comparable to a captive software development service provider for transfer pricing analysis, given its huge turnover, high profit margins, ownership of intangible intellectual property rights, branded products, and differing risk profile.

Chryscapital Investment Advisors (India) Pvt. Ltd. v. DCIT
376 ITR 183 · 2015 · High Court
170
citing judgments

For transfer pricing comparability analysis, companies should not be excluded solely based on higher turnover if they are otherwise functionally comparable, unless the turnover difference reflects fundamental functional dissimilarities, brand value, or risk profiles that materially impact profitability.

Autodesk India Pvt.Ltd. v. DCIT
96 Taxmann.com 263 · 2018 · ITAT
116
citing judgments

A high turnover criterion, such as above Rs. 200 crores, is a valid ground to exclude companies from the list of comparable companies in a transfer pricing analysis, as such companies are not comparable to those with significantly lower turnover.

SAP Labs India Pvt. Ltd. v. ACIT
44 SOT 156 · 2011 · ITAT
100
citing judgments

Foreign exchange fluctuation gains or losses are operational in nature and must be included in the computation of the operating margin for both the assessee and comparable companies when determining the Arm's Length Price.

Mentor Graphics (Noida) (P) Ltd. v. DCIT
109 ITD 101 · 2007 · ITAT
85
citing judgments

A working capital adjustment is mandated and a prerequisite for correctly determining the Arm's Length Price (ALP) under Rule 10B(1)(e) and Rule 10B(3) of the Income Tax Rules, 1962. This adjustment accounts for differences in working capital and outstanding receivables between the assessee and comparable companies.

Avenue Asia Advisors Pvt. Ltd. v. DCIT
398 ITR 120 · 2017 · High Court
84
citing judgments

The Delhi High Court holds that a detailed functional and working capital analysis, considering various factors, is essential before treating outstanding receivables as a separate international transaction for transfer pricing adjustments on notional interest. Simply making an adjustment based on receivables alone without such study distorts the transaction's character.

Judgments citing comparable companies

Kolors Healthcare India Private Limited, Hyderabad vs. ACIT., Central Circle-3(4), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 934/HYD/2024[2017-18]Status: DisposedITAT Hyderabad23 Jan 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ. अपील सं / Ita Nos.930 To 936/Hyd/2024 (निर्धारण वर्ष/Assessment Years:2013-14 To 2019-20) M/S. Kolors Healthcare India Pvt. Ltd., Hyderabad. Pan:Aadck8392B (Appellant) Vs. Asst. Commissioner Of Income Tax, Central Circle-3(4), Hyderabad. (Respondent) C.O. Nos.15 To 21/Hyd/2024 (In Ita Nos.930 To 936/Hyd/2024) (निर्धारण वर्ष/Assessment Years:2013-14 To 2019-20) (By Revenue) आ. अपील सं / Ita Nos.937 To 941/Hyd/2024 (निर्धारण वर्ष/Assessment Years:2015-16 To 2019-20) M/S. Kolors Healthcare Llp, Hyderabad. Pan:Aaofk6305L Vs. Asst. Commissioner Of Income Tax, Central Circle-3(4), Hyderabad. (Appellant) (Respondent) C.O. Nos.22 To 26/Hyd/2024 (In Ita Nos.937 To 941/Hyd/2024) (निर्धारण वर्ष/Assessment Years:2015-16 To 2019-20) (By Revenue) निर्धारिती द्वारा/Assessee By: Shri P. Murali Mohan Rao, C.A. राजस्व द्वारा/Revenue By: Ms.K. Haritha, Cit-Dr सुनवाई की तारीख /Date Of Hearing: 04/12/2024 घोषणा की तारीख / Pronouncement: 23/01/2025 आदेश/Order Per Bench : All These Appeals Filed By M/S. Kolors Healthcare India Pvt. Ltd. (“Assessee") & M/S. Kolors Healthcare Llp & Cross Objections Filed By Revenue, Are Arising Out Of Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad ("Ld. Cit(A)") As Detailed Above. Since Identical Issues Are Involved In These Appeals & Cross Objections ("C.O."), They Are Heard Together & Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri P. Murali Mohan Rao, C.AFor Respondent: Ms.K. Haritha, CIT-DR
Section 44A

page no.135 of the order of Ld. CIT(A), wherein the details of year-wise percentage of net profit offered by the comparable companies in the same business are available. The Ld. AR submitted that the percentage of net profit in case of those comparable companies varies from ... accordingly, he prayed before the bench to take the average of percentage of net profit of comparable companies in the case of assessee. 7.1 In their alternate submission, the Ld. AR submitted that the net profit percentage of 15% taken by the Ld. CIT(A) is on higher side

Kolors Healthcare India Private Limited, Hyderabad vs. ACIT., Central Circle-3(4), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 933/HYD/2024[2016-17]Status: DisposedITAT Hyderabad23 Jan 2025AY 2016-17

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ. अपी.सं / Ita Nos.930 To 936/Hyd/2024 (निर्धारण वर्ष/Assessment Years:2013-14 To 2019-20) M/S. Kolors Healthcare India Pvt. Ltd., Hyderabad. Pan:Aadck8392B (Appellant) Vs. Asst. Commissioner Of Income Tax, Central Circle-3(4), Hyderabad. (Respondent) C.O. Nos.15 To 21/Hyd/2024 (In Ita Nos.930 To 936/Hyd/2024) (निर्धारण वर्ष/Assessment Years:2013-14 To 2019-20) (By Revenue) आ.अपी.सं / Ita Nos.937 To 941/Hyd/2024 (निर्धारण वर्ष/Assessment Years:2015-16 To 2019-20) M/S. Kolors Healthcare Llp, Asst. Commissioner Of Income Tax, Hyderabad. Vs. Central Circle-3(4), Pan:Aaofk6305L Hydearabad. (Appellant) (Respondent) C.O. Nos.22 To 26/Hyd/2024 (In Ita Nos.937 To 941/Hyd/2024) (निर्धारण वर्ष/Assessment Years:2015-16 To 2019-20) (By Revenue) निर्धारिती द्वारा/Assessee By: Shri P. Murali Mohan Rao, C.A. राजस्व द्वारा/Revenue By: Ms.K. Haritha, Cit-Dr सुनवाई की तारीख /Date Of Hearing: 04/12/2024 घोषणा की तारीख / Pronouncer G/Pronouncement: 23/01/2025 आदेश/Order Per Bench : All These Appeals Filed By M/S. Kolors Healthcare India Pvt. Ltd. ("Assessee") & M/S. Kolors Healthcare Llp & Cross Objections Filed By Revenue, Are Arising Out Of Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad ("Ld. Cit(A)") As Detailed Above. Since Identical Issues Are Involved In These Appeals & Cross Objections ("C.O."), They Are Heard Together & Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri P. Murali Mohan Rao, C.AFor Respondent: Ms.K. Haritha, CIT-DR
Section 44A

page no.135 of the order of Ld. CIT(A), wherein the details of year-wise percentage of net profit offered by the comparable companies in the same business are available. The Ld. AR submitted that the percentage of net profit in case of those comparable companies varies from ... accordingly, he prayed before the bench to take the average of percentage of net profit of comparable companies in the case of assessee. 7.1 In their alternate submission, the Ld. AR submitted that the net profit percentage of 15% taken by the Ld. CIT(A) is on higher side

Kolors Healthcare India Private Limited, Hyderabad vs. ACIT., Central Circle-3(4), Hydreabad

ITA 930/HYD/2024[2013-14]Status: DisposedITAT Hyderabad23 Jan 2025AY 2013-14

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ. अपी.सं / Ita Nos.930 To 936/Hyd/2024 (निर्धारण वर्ष/Assessment Years:2013-14 To 2019-20) M/S. Kolors Healthcare India Pvt. Ltd., Hyderabad. Pan:Aadck8392B (Appellant) Vs. Asst. Commissioner Of Income Tax, Central Circle-3(4), Hyderabad. (Respondent) C.O. Nos.15 To 21/Hyd/2024 (In Ita Nos.930 To 936/Hyd/2024) (निर्धारण वर्ष/Assessment Years:2013-14 To 2019-20) (By Revenue) आ.अपी.सं / Ita Nos.937 To 941/Hyd/2024 (निर्धारण वर्ष/Assessment Years:2015-16 To 2019-20) M/S. Kolors Healthcare Llp, Asst. Commissioner Of Income Tax, Hyderabad. Vs. Central Circle-3(4), Pan:Aaofk6305L Hyderabad. (Appellant) (Respondent) C.O. Nos.22 To 26/Hyd/2024 (In Ita Nos.937 To 941/Hyd/2024) (निर्धारण वर्ष/Assessment Years:2015-16 To 2019-20) (By Revenue) निर्धारिती द्वारा/Assessee By: Shri P. Murali Mohan Rao, C.A. राजस्व द्वारा/Revenue By: Ms.K. Haritha, Cit-Dr सुनवाई की तारीख /Date Of Hearing: 04/12/2024 घोषणा की तारीख / Pronouncer G/Pronouncement: 23/01/2025 आदेश/Order Per Bench : All These Appeals Filed By M/S. Kolors Healthcare India Pvt. Ltd. (“Assessee") & M/S. Kolors Healthcare Llp & Cross Objections Filed By Revenue, Are Arising Out Of Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") As Detailed Above. Since Identical Issues Are Involved In These Appeals & Cross Objections ("C.O.”), They Are Heard Together & Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri P. Murali Mohan Rao, C.AFor Respondent: Ms.K. Haritha, CIT-DR
Section 44A

page no.135 of the order of Ld. CIT(A), wherein the details of year-wise percentage of net profit offered by the comparable companies in the same business are available. The Ld. AR submitted that the percentage of net profit in case of those comparable companies varies from ... accordingly, he prayed before the bench to take the average of percentage of net profit of comparable companies in the case of assessee. 7.1 In their alternate submission, the Ld. AR submitted that the net profit percentage of 15% taken by the Ld. CIT(A) is on higher side

DCIT, Ghaziabad vs. M/S. Devidayal Aluminium Industries Pvt. Ltd., Ghaziabad

In the result, appeal filed by the assessee is partly allowed as indicated above

ITA 3851/DEL/2016[2008-09]Status: DisposedITAT Delhi08 Jan 2025AY 2008-09

Bench: Shri S. Rifaur Rahman & Ms. Madhumita Roysony India Private Limited, Vs. Acit, Circle 22 (2), A – 18, Mohan Cooperative Indl. Area, New Delhi. Mathura Road, New Delhi – 110 044. (Pan :Aabcs1571Q) (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao, Advocate Shri Parth, Advocate Revenue By : Shri S.K. Jadhav, Cit Dr Date Of Hearing : 23.09.2025 Date Of Order : 12.11.2025 O R D E R Per S. Rifaur Rahman: 1. This Appealpreferred By The Assesseeis Directed Against The Assessment Order Dated 30.07.2024Passed By The Assessment Unit, Income Tax Department Under Section 143(3) Read With Section 144C(13) R.W.S. 144Bof The Income-Tax Act, 1961 (For Short ‘The Act”) For Assessment Year 2020- 21Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act Raising Following Grounds Of Appeal :-

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri S.K. Jadhav, CIT DR
Section 143(3)Section 144C(13)Section 144C(5)

Impugned order errs in assuming DEMPE function were performed by Associated Enterprise (AE") and making 'intensity adjustment' to adjust net 3 profit margin of comparable companies purportedly to equalise functions. 'Intensity adjustment' is mirror image of Bright Line Test (BLT) both are already invalidated by Hon'ble Courts. 7. Without ... income" as non-operating in nature while computing the profitability of the Appellant. 9. Impugned order erred in making several adjustments for determining margins comparable companies inconsistent with provisions of law resulting in unlawful adjustments to ALP. 10. Impugned order erred in making adjustment to costs reported in audited accounts

DCIT Circle 1(1), Pune, Swargate vs. Entrata India Pvt. Ltd, Pune

In the result, the appeal filed by the Revenue in ITA

ITA 66/PUN/2024[2013-14]Status: DisposedITAT Pune24 Dec 2024AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ramnath P. Murkunde
Section 10ASection 115JSection 143(2)Section 143(3)Section 32

expression "Ordinary profits used in sec. 801A(10) connotes reasonable profit from eligible business which can be ascertained only by analyzing the cases of comparable companies. Having regard to the profit margins declared by comparable cases identified by the assessee itself in its Transfer Pricing study report, he invoked section

Entrata India Pvt. Ltd., Pune vs. DCIT, Circle-1(1), Pune

In the result, the appeal filed by the Revenue in ITA

ITA 133/PUN/2024[2013-14]Status: DisposedITAT Pune24 Dec 2024AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ramnath P. Murkunde
Section 10ASection 115JSection 143(2)Section 143(3)Section 32

expression "Ordinary profits used in sec. 801A(10) connotes reasonable profit from eligible business which can be ascertained only by analyzing the cases of comparable companies. Having regard to the profit margins declared by comparable cases identified by the assessee itself in its Transfer Pricing study report, he invoked section

DCIT, Circle- 8(1), New Delhi vs. E.I. Dupont India P. Ltd., Gurgaon

In the result, the appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 7454/DEL/2017[2008-09]Status: DisposedITAT Delhi18 Dec 2024AY 2008-09

Bench: Shri M. Balaganesh & Shri Sudhir Kumarcorteva Agriscience India Pvt Ltd Vs. Dcit, (Earlier Known As E.I. Dupont P. Circle-11(1), Ltd), 17Th Floor, Tower-C, Dlf New Delhi Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Dcit, Vs. Corteva Agriscience India Circle-11(1), Pvt Ltd (Earlier Known As E.I. Dupont P. Ltd), 17Th New Delhi Floor, Tower-C, Dlf Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Assessee By : Shri Deepak Chopra, Adv Shri Harpreet Singh Ajmani, Adv Shri Pulkit Pandey, Adv Revenue By: Shri Chetan Rao, Cit Dr Date Of Hearing 25/09/2024 Date Of Pronouncement 19/12/2024

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri Chetan Rao, CIT DR
Section 144C

erred in facts and in law in considering the related party filter at 25% of the sales as a suitable filter for identifying comparable companies. 4.3 The Ld. CIT(A) erred in facts and in law in considering India Cements Capital Limited as comparable although this Company has been rejected ... erred in facts and in law in considering the related party filter at 25% of the sales as a suitable filter for identifying comparable companies. 5.3 The Ld. CIT(A) erred in facts and in law in not considering IDC India Limited as comparable. 5.4 The Ld. CIT(A) erred

E.I. Dupont India P. Ltd., Gurgaon vs. DCIT, Circle- 11(1), New Delhi

In the result, the appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 6879/DEL/2017[2008-09]Status: DisposedITAT Delhi18 Dec 2024AY 2008-09

Bench: Shri M. Balaganesh & Shri Sudhir Kumarcorteva Agriscience India Pvt Ltd Vs. Dcit, (Earlier Known As E.I. Dupont P. Circle-11(1), Ltd), 17Th Floor, Tower-C, Dlf New Delhi Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Dcit, Vs. Corteva Agriscience India Circle-11(1), Pvt Ltd (Earlier Known As E.I. Dupont P. Ltd), 17Th New Delhi Floor, Tower-C, Dlf Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Assessee By : Shri Deepak Chopra, Adv Shri Harpreet Singh Ajmani, Adv Shri Pulkit Pandey, Adv Revenue By: Shri Chetan Rao, Cit Dr Date Of Hearing 25/09/2024 Date Of Pronouncement 19/12/2024

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri Chetan Rao, CIT DR
Section 144C

erred in facts and in law in considering the related party filter at 25% of the sales as a suitable filter for identifying comparable companies. 4.3 The Ld. CIT(A) erred in facts and in law in considering India Cements Capital Limited as comparable although this Company has been rejected ... erred in facts and in law in considering the related party filter at 25% of the sales as a suitable filter for identifying comparable companies. 5.3 The Ld. CIT(A) erred in facts and in law in not considering IDC India Limited as comparable. 5.4 The Ld. CIT(A) erred