Dismissing the appeal of the Revenue the Court held that where assessee was rendering IT enabled services to its AE, a company which outsourced services to be rendered by it and thus had outsourcing business model, could not be accepted as comparable. A company in whose case extraordinary event of amalgamation took place during relevant year, was not acceptable as comparable. Where assessee was rendering IT enabled services to its AE, a company engaged in providing KPO services could not be accepted as comparable. (AY. 2009-10)
CIT v. John Deere India (P.) Ltd(2024) 298 Taxman 115 (Bom)(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-Comparable-Employee cost filter-Different business model cannot be accepted as comparable-Extrodinary event of amlgamation cannot be accepted as comparable-Company engged in KPO services cannot be accepted as comparable. [S. 260A]