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The issue in dispute before us is whether the Infosys BPO Limited can be excluded from the final set of the comparables in theinstantcaseon the ground of high brand value and high turnover. We note that the issue of high brand value of Infosys BPO Limited and resultant higher profitability has been adjudicated by the Hon'ble Delhi High Court in thecaseof EVALUESERVE SEZ (GURGAON) Private Limited (supra)

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Sec. 40 & 68 of Income Tax Act, 1961—Cash Credit — Invoking of provisions of section 68 on the alleged difference in the revenue recognised by the assessee and Form 26AS statement is bad in law in as much as section 68 is not at all applicable on such difference, however, in the interest of justice and fair play, issue was restored to the file of the Assessing Officer/TPO and the Assessing Officer/TPO is directed to examine the reconciliation statement — AVAYA INDIA PVT. LTD. Vs. ADDI. CIT  [2020] 78 ITR (TRIB) 305 (ITAT-DELHI)

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