The Pr. Commissioner of Income-tax-9 v. Torus Business Solution Pvt. Ltd
[Citation -2019-LL-0729-35]
| Citation | 2019-LL-0729-35 |
|---|---|
| Appellant Name | The Pr. Commissioner of Income-tax-9 |
| Respondent Name | Torus Business Solution Pvt. Ltd. |
| Court | HIGH COURT OF DELHI AT NEW DELHI |
| Relevant Act | Income-tax |
| Date of Order | 29/07/2019 |
| Assessment Year | 2010-11 |
| Judgment | View Judgment |
| Keyword Tags | comparables • functional dissimilarity |
| Bot Summary: | This is an appeal by the Revenue against an order dated 10 th August 2018 passed by the ITAT in ITA No.1974/Del/2015 for Assessment Year 2010-11. The issue urged by the Revenue in the present case is about the exclusion of comparables which the ITAT held to be functionally different from the Assessee. Three of the comparables involved are Infosys BPO Ltd., TCS E-serve International Ltd. and TCS E-serve Ltd. This Court has very recently by a judgment dated 24th July 2019 in ITA 532 of 2019 giving detailed reasons why on the facts of that case, which are more or less similar to the facts on hand, such comparables ought to have been excluded. The said judgment therefore covers the said issue against the Revenue. As far as the comparables Accentia Techonologies Ltd. and E4e Healthcare are concerned, the Tribunal has in the impugned order explained in detail why these also should be excluded. The principles explained by this Court in the aforementioned judgment would be equally applicable to these comparables as well. Further, there are several other orders of this Court upholding the exclusion of the aforementioned comparables. |