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The Tribunal held that the assessee engaged in providing software development services to its AEs could not be compared to: Moreover, it noted that the said company had i huge turnover of Rs. The Tribunal held that the assessee, engaged in providing software development services could not be compared to: Freescale Semiconductor India Pvt. Cypress Semi — Conductor I Pvt. Further, it held that the Tribunal was justified in including SIP Technologies and Exports Limited as comparable by ignoring its low margin on the basis of which the TPO had excluded the comparables.
Eigen Technical Services Pvt. The Tribunal held that the assessee engaged in providing software design and development services could not be compared to: DCIT could not be excluded as a comparable merely because of increase in consultancy charges and held that the increase in consultancy charges were proportionate to the increase in turnover. Conexant Systems Private Limited vs. The Tribunal held that the assessee engaged in providing liasioning, administrative support and other ITeS could not be compared to: The Tribunal held that the for the purpose of benchmarking the provision of software development services the application of the onsite filter was a very relevant filter.
Accordingly, noting that RS Software had incurred expenses on foreign branches to the extent of Rs. Broadcom Communication Technologies Pvt. The Tribunal held that assessee engaged in providing software development services to its AE could not be compared to: It noted that the company earned profits in the earlier years and accordingly held that the TPO incorrectly held that the company suffered persistent losses.
Accordingly, it held that the company ought to have been considered as a comparable. Amber Point Technology India Pvt. The Tribunal held that the assessee engaged in providing call centre services could not be compared to: Accordingly, it directed its exclusion.
Pitney Bowes Software India Pvt. The Tribunal held that the assessee engaged in providing software development services to its AE could not be compared with: Accordingly, it remitted the 4 comparables to the file of the TPO for fresh consideration.
The Tribunal held that the assessee engaged in providing IT enabled services to its AE could not be compared to Accentia Technologies Ltd as it earned income from various streams and did not have segmental income. Further, the company had undertaken acquisitions during the year under review rendering functionally dissimilar. It held that CG Vak could not be excluded merely because it did not satisfy the turnover filter as turnover could not be the basis for rejection of an otherwise functionally similar comparable.
Cadence Design Systems India Pvt.
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The Court upheld the order of the Tribunal wherein the Tribunal: Excluded Infosys BPO as comparable on the ground of its huge brand value Included R Systems International following the order of the Court in Mckinsey Knowledge Centre wherein it was held that if from the available data on record, the results for financial year could be reasonably extrapolated then the comparable could not be excluded.
However, it admitted 2 questions of law regarding comparability of Surya Pharmaceutical Ltd. The Tribunal held that the assessee engaged in providing non-binding investment advisory services could not be compared to ICRA Online which was engaged in providing e. Sparkles Dhandho Advisors Pvt.
Following its order in the case of the assessee for the earlier assessment year, it held that ICRA Management Consulting and Informed Technologies were to be considered as comparable. The Tribunal held that the assessee engaged in providing non-binding investment advisory services to its AE could not be compared with: It also held that IDC India Ltd was to be included as a comparable as it was considered as a valid comparable to companies engaged in providing non-binding investment advisory services by the High Court in General Atlantic Pvt.
Further, it held that the TPO erred in excluding i ICRA Management Consulting Services Ltd merely on the ground that it had fluctuating profit margins without appreciating that the company was accepted to be comparable in the prior assessment year and ii Informed Technologies Ltd on the ground that it had declining turnover without appreciating that the company was accepted to be comparable in the prior years.
The Tribunal held that the TPO erred in excluding the following companies as comparable while benchmarking the manufacturing and contracting activities of the assessee: Seco Tools India Pvt. The Tribunal held that the assessee, engaged in providing marketing support services to its AE could not be compared to: The Tribunal held that CG-VAK Software and Export Private Limited could not be excluded as comparable merely because its margin post accounting for working capital adjustments was negative moreso since the company was accepted to be comparable to the assessee in the earlier AY.
Further, it held that following companies were to be excluded while benchmarking the engineering support services rendered by the assessee to its AE: Schlumberger India Technology Centre Pvt. Hecker, Schopenhauer und die indische Philosophie. Koln H46 B. Prolegomena til den Indisk Ortodoxas Filosofien. Geden, Studies in Eastern Religions. Philadelphia H54 J. Freiburg-im-Breisgau H55 Arthur H. New York H Oxford H59 F. Thesis, Johns Hopkins University, part 1.
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London H80 George A. Critical Sketches of Their Lives and Writings. Third edition Delhi H84 W. Atkinson, The Philosophy and Religion of India.Casio CTK-1100 Full Size Keyboard
Translated into Italian by E. Leipzig H86 A. Hogg, Karma and Redemption. Madras H87 P.
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Iyengar, Outlines of Indian Philosophy. Calcutta H92 Atisha W. Bowes-TaylorExposition of the Doctrine of Karma. London H93 W. Dilger, Der indischer Seelenwanderungsglaube. Heidelberg H99 S. Greaves, "Is Hinduism pantheistic? Translated into English by V. Sukhthankar in IA 47, Pavia H W. Farqhar, A Primer of Hinduism. Madras H L. Belloni-Filippi, I maggiori sistemi filosifici indiani. Palermo H R. Frazer, Indian Thought, Past and Present. London H C.
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Robertson, "The conception of Brahma", Mon 26,ff.
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New York H J. Paris H J. Chatterji, La vision de la sages de l'Inde. Paris H Ethel M. Kitch, Origin of Subjectivity in Indian Thought. Zurich H G. Thesis, University of London H G. Mead, "A word on yoga", Qu 11,H F. Reprinted ChSSt 16,H Reprinted PB, H S. London H G. Farqhar, Outlines of the Religious Literature of India. Oxford ; Delhi H Calcutta ; Delhi Translated into Spanish, Barcelona H K. Bhattacharya, "Place of the indefinite in logic", JDL 7, Bhattacharya, "Some aspects of negation", JDL 7, Carpenter, Theism in Medieval India.
London H J. London H T. Hodson, "The doctrine of rebirth in various areas in India", Man in India 1. Masson-Oursel, Doctrines et methodes psychologiques de l'Inde. Paris H N. Calcutta ; DelhiH C. Kern, Licht des Ostens. London H H. Schomerus, Die Anthroposophie Steiners und Indien.
Munchen H P. Bennett, The Wisdom of the Aryans. Maximilian KernLeipzig Washburn Hopkins, Ethics of India. New Haven H K. Randle, "A note on the Indian syllogism", Mi n.