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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

Maersk Global Service Centers (India ) Pvt. Ltd, Mumbai vs. The DCIT Circle-15(1) (1) Addl/Jt/Dy/ACIT/ITO-NFAC-Delhi, Mumbai

In the result, appeal of assessee is partly allowed

ITA 723/MUM/2022[2017-18]Status: DisposedITAT Mumbai05 Jan 2024AY 2017-18

Bench: Shri Vikas Awasthy & Ms. Padmavathy.Sआअसं.723/मुं/2022 (िन.व. 2017-18) Maersk Global Service Centres (India) Private Limited, 12Th Floor, Empire Tower, Village Elthan, Airoli, Off Thane Belapur Road, Navi Mumbai – 400 708. Pan: Aadcm-7786-M ...... अपीलाथ"/Appellant बनाम Vs. The Dcit, Circle 15(1)(1), Addl/Jt/Dy/Acit/Ito-Nafc-Delhi, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent

For Appellant: Shri Porus Kaka, Sr. Advocate with Shri Manish Kanth, AdvocateFor Respondent: Shri Manoj Kumar –CIT DR/
Section 143(3)Section 154Section 92C

admission of additional grounds of appeal. 3. The ld. Counsel submitted that in ground No.5 of appeal the assessee has assailed inclusion of three comparable companies by the Transfer Pricing Officer (TPO) i.e. (i) AGS Health Private Limited; (ii) Parexel International (India) Private Limited and (iii) E L I Research ... introduced new comparables. The assessee prayed for allowing working capital adjustment and risk adjustment. The TPO allowed working capital adjustment to the 4 comparable companies but rejected risk adjustment on the ground that assessee being captive service provider is not a risk free entity. The ld. Counsel for the assessee

Arkha Solar Power Private Limited, Rajahmundary vs. DCIT-1, Kakinada

In the result, appeal of the assessee is allowed

ITA 92/VIZ/2022[2017-2018]Status: DisposedITAT Visakhapatnam22 Dec 2023AY 2017-2018

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble(Through Hybrid Hearing) आयकरअपीलसं./ I.T.A. No.92/Viz/2022 ("नधा"रणवष"/ Assessment Year : 2017-18) Arkha Solar Power Private Vs. Deputy Commissioner Of Limited, Income Tax-1, Elakolanu Village, 4Th Floor, Sri Deepthi Towers, Rangampeta, Rajahmundry, Main Road, Kakinada, Andhra Pradesh – 533294. Andhra Pradesh-533001. Pan: Aalca 4293K (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Ms. Karishma R. Phatarphekar ""याथ"क"ओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr

For Appellant: Ms. Karishma R. PhatarphekarFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 92C(1)

failed to consider the same. Further, the Ld. AR also submitted that the Ld. TPO also erred in considering the comparable companies in 11 the Wind Sector whereas the assessee operates in Solar Power Sector. The Ld. AR placed reliance on the ratio laid down in the decision ... method. The dispute is only with respect to selection of comparables wherein the assessee’s contention was that the Ld. TPO has selected the comparable companies having secured debentures and / or not in the Solar Power Sector. It is also not disputed by the Revenue that the assessee has issued

Syngenta Services Private Limited, Mumbai vs. The Assistant Commissioner of Income Tax, Circle 3(2)(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 1905/MUM/2022[2018-19]Status: DisposedITAT Mumbai07 Dec 2023AY 2018-19

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.1905/मुं/2022 (िन.व. 2018-19) Syngenta Services Private Limited, Office No.102, Amar Paradigm, Sr.No.110/11/3, Baner, Pune- 411 045 Pan: Aatcs-3668-N ...... अपीलाथ"/Appellant बनाम Vs. The Asst. Commissioner Of Income Tax Circle 3(2)(1), Mumbai. Room No.608, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Vishal Kalra,Advocate "ितवादी "ारा/Respondent By : Shri Rignesh Das, Sr.A.R सुनवाई की ितिथ/ Date Of Hearing : 21/09/2023 घोषणा की ितिथ/ Date Of Pronouncement : 07/12/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Vishal Kalra,AdvocateFor Respondent: Shri Rignesh Das, Sr.A.R
Section 143(3)

assessee is providing Business Support Services to its AEs. The limited issue for adjudication in the present appeal is with reference to inclusion/exclusion of comparable companies. The assessee by way of sub- grounds to ground No.2 has raised multiple arguments, however, the ld.Counsel for the assessee has confined his submissions ... company as comparable in A.Y 2017-18 and 2020-21. There has been no change in the business activity of the assessee or comparable company in the impugned A.Y. The aforesaid facts have not been disputed by the Revenue. Once, the company has been accepted as functionally comparable

DCIT 2(3), Mumbai vs. Zensar Technologies Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 8389/MUM/2010[2005-06]Status: DisposedITAT Mumbai13 Nov 2023AY 2005-06

Bench: Shri Vikas Awasthy& Shri S. Rifaur Rahmanआअसं.8389/मुं/2010 (िन.व. 2005-06) Dcit-2(3), Room No.555, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ"/Appellant बनाम Vs. M/S. Zensar Technologies Ltd., Magnet House, 2Nd Floor, N.M.Marg, Ballard Estate, Mumbai – 400 001 Pan: Aaacz 0742 K ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Manoj Kumar, Cit - Dr "ितवादी"ारा/Respondent By : Shri Nitesh Joshi, Advocate सुनवाई की ितिथ/ Date Of Hearing : 22/08/2023 घोषणा की ितिथ/ Date Of Pronouncement : 13/11/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Manoj Kumar, CIT - DRFor Respondent: Shri Nitesh Joshi, Advocate
Section 10ASection 244ASection 92C

assessee for determining arms length price was 19 including the four from the list of comparable selected by the assessee. The final list of comparable companies as per TPO is as under: S.No. Company Name OP to Total Cost (%) 1. Bodhtree Consulting Ltd. 24.85 2. Akshay Software Technologies Limited ... Flextronics (seg) 32.19 16. L&T Infotech Ltd. 11.72 17. Satyam Computer Services Ltd. 30.31 18. Infosys 43.49 19. Compulink Systems Ltd 43.62 Comparable companies Avg. margin 27.31 According to the TPO based on the companies selected as comparables the arms length margin is 27.31%. The TPO applied revised arms