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The Tax PublishersITA No. 2185/Del/2015
2021 TaxPub(DT) 0508 (Del-Trib)INCOME TAX ACT, 1961
Section 92C
Accentia Technologies Ltd. was engaged in Health Care BPO services. As assessee was also providing BPO services, there was not any functional dissimilarity as both were in BPO business. Merely because assessee as well as comparable company operated in different business segments, it did not make their functions different. Accordingly, Accentia Technologies Ltd. could not be excluded from list of comparables.
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Transfer pricing - Determination of ALP - Selection of comparables - No functional dissimilarity
Assessee rendered BPO services to its AE abroad TPO considered Accentia Technologies Ltd. as comparable to assessee's case. Assessee challenged this pleading functional dissimilarity. Held: Accentia Technologies Ltd. earned income from medical prescription, billing and collection and income from coding. In short, it provided HRCM services. It was in fact the Health Care BPO services. As assessee was also providing BPO services, there was not any functional dissimilarity as both were in BPO business. Merely because assessee as well as comparable company operated in different business segments, it did not make their functions different. Accordingly, Accentia Technologies Ltd. could not be excluded from list of comparables.
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2010-11
INCOME TAX ACT, 1961
Section 92C
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