$ 23 * IN HIGH COURT OF DELHI AT NEW DELHI + ITA 94/2017 PR. COMMISSIONER OF INCOME TAX -1 Appellant Through: Ms. Lakshmi Gurung, Advocate versus ACTIS GLOBAL SERVICE PVT. LTD. Respondent Through: Mr. Kamal Sawhney, Mr. Shikhar Garg & Mr. Prashant Meharchandani, Advocates CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR ORDER % 15.05.2017 CM No. 3769/2017 1. Allowed, subject to all just exceptions. ITA No. 94/2017 2. This is appeal by Revenue under Section 260A of Income Tax Act, 1961 against order dated 29th July, 2016 passed by Income Tax Appellate Tribunal ( ITAT ) in ITA No. 6175/Del/2015 for Assessment Year 2011-12. 3. Although Revenue has urged question concerning exclusion by ITAT of three comparables in determining arms length price of international transactions involving Respondent/Assessee, Ms. Lakshmi Gurung, learned counsel for Revenue, confines challenge to ITA No.94 of 2017 Page 1 of 3 exclusion of one comparable i.e., TCS E-Serve Ltd. ( TCS ). She explains that as regards exclusion of two other comparables, namely, Infosys BPO Ltd. and EClerx Services Pvt. Ltd. ( ECS ), this Court has in its order dated 5th August, 2016 in PCIT-01 v. Actis Glboal Services Pvt. Ltd. (ITA No. 417/2016) upheld exclusion of those two comparables and has also held that such exclusion does not give rise to any substantial question of law. 4. It is noted by ITAT in impugned order that TCS is involved both in transaction processing and technical services . ITAT has referred to decision of Coordinate Bench of ITAT in case of Ameriprise India Pvt. Ltd. in ITA No. 7014/Del./2014 where, again, while determining arms length price, TCS has been excluded as comparable. 5. It is pointed out by learned counsel for Respondent/Assessee that order in Ameriprise India Pvt. Ltd. has been affirmed on 19th October, 2016 by this Court by dismissing Revenue's appeal i.e. ITA No. 461/2016. 6. Ms. Laxmi Gurung insisted that only ground on which ITAT proceeded to exclude TCS as comparable was that segmental turnover data was not available. ITAT observed that it was not known as to what extent turnover of TCS was attributable to transfer processing and which portion to technical service . She submitted that said information was in fact available as set out elsewhere in impugned order. TCS's transfer processing income was Rs. 1,35,94,110/- and remaining had to be attributed to technical service ITA No.94 of 2017 Page 2 of 3 7. Court finds merit in contention of Mr. Kamal Sawhney, learned counsel for Respondent, that as far as profile of Assessee was concerned, it was not involved in software development at all but only in BPO activities. This apart size and scale of TCS's operations makes it inapposite comparable vis-a-vis Petitioner. 8. Court is not convinced that ITAT has committed any error in holding that TCS is not appropriate comparable as far as determining of arms length price of international transactions involving Assessee is concerned. No substantial question of law arises on this issue. appeal is dismissed. S.MURALIDHAR, J CHANDER SHEKHAR, J MAY 15, 2017 tp ITA No.94 of 2017 Page 3 of 3 Pr. Commissioner of Income-tax -1 v. Actis Global Service Pvt. Ltd