137. The court docket dismissed income’s appeal from Tribunal’s purchase directing inclusion of two decline creating comparables and looking at DEPB (responsibility Entitlement Passbook) Added benefits and depreciation while computing assessee’s margin for AY 2008-09 Considering that the earnings itself recognized the comparables in the sooner AY, and as such there was no dispute pertaining to their comparability.

• KALS details Systems Ltd as it was functionally dis-identical as it had been engaged in acquiring software program merchandise and also companies Venture Capital and Private Equity Module IV

105. The Tribunal held that the assessee, engaged in supplying application growth solutions to its AEs could not be when compared with:

• Sasken Communication Tech Ltd remaining functionally dis-very similar since it owned IPR and had branded solutions, as well as as it experienced gone through considerable restructuring in the course of the yr

seventy nine. The Tribunal held which the assessee, delivering software package enhancement products and services to its AE couldn't be in comparison with:

124. The Tribunal held that the Venture Capital and Private Equity Module IV assessee engaged in in provision of program growth and promoting assistance services to its AEs couldn't be when compared with:

Techsource companies Pvt Ltd v ITO – TS-29-ITAT-2017 (Mum) – TP - ITA No.6966/Mum/2014 dated 04.01.2017 369. The Tribunal upheld the CIT(A)’s purchase deleting TP adjustment about the advertisement phase (benchmarked separately) and held that the aggregation of ‘ad sale’ and ‘channel distribution’ segments for benchmarking was justified as the advertisement revenue was immediately co-associated with channel viewership and sale of ad airtime amplified with amount of cricketing situations and as a consequence the two segments were carefully connected. It turned down Revenue’s argument the assessee experienced merged two segments having a check out to conceal loss incurred while in the ‘advertisement sale’ section for the moment 12 months and upheld the assessee’s rivalry that, in the earlier many years, it was only performing as a Fee agent, thereby soliciting ads for its AE for set commission, whereas in the instant and subsequent a long time, it experienced shifted to some distribution model pursuant to peace of foreign Trade restrictions. Accordingly, it held that both equally the activities viz. distribution of channels and aired ad had been interrelated and inextricably linked and therefore were being to become aggregated and Considering that the running margin with the aggregate transactions exceeded the margin of comparables, it held no addition was warranted.

• Crystal Hues Ltd as adequate aspects to ascertain the margins and purposeful similarity experienced not been submitted from the assessee

As regards the IT enabled products and services provided by the assessee, it held that it could not be as compared to:

• Maple eSolutions Ltd because it had unreliable money results considering the fact that its director was linked to fraud

Sandeep Gupta: I'm trying to find any supreme courtroom or High court judgement which states the self-acquired residence...

• SBI Fund Management Ltd as it absolutely was an ‘Asset supervisor’ whose primary Venture Capital and Private Equity Module IV supply of revenue was by way of management service fees, while its money from advisory expenses was negligible.

2. The Tribunal, depending on the provisions of portion 92B which supplies that even an arrangement, being familiar with or an motion in concert using a bearing within the financial gain earnings, losses or assets of your enterprises would qualify as Intercontinental transaction, held that the sharing of Value in between Nike India (assessee) and its AE in regard of deal with BCCI for promotion and brand name constructing of Nike was a global transaction noting the assessee experienced incurred the expenditure with the marketing of brand Nike Because the agreement involving models while in the territory Increased the model value of NIKE which belonged on the AE of your assessee.

• Cosmic world-wide Ltd as the corporation, as contended by the assessee, did not outsource vast majority of its providers considering that the salaries and wages account for 21.31% of its charges and no expenditure was demonstrated in the direction of outsourcing of work

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