Shanti Prime Publication Pvt. Ltd.
Section 92C of the Income-tax Act, 1961—Transfer pricing—Comparables excluded on the ground that company was functionally dissimilar and real services were entirely dissimilar.
Facts: The ground raised for appeal was with regard to the transfer pricing adjustment on account of deletion of two comparables.
Held, that the first comparable excluded by ITAT's order was excluded on the basis that the company was functionally dissimilar and that the segmental data for the assessment year with regard to the comparable segment was not available. The second comparable directed to be excluded was on the ground that the concern provided high end online software solutions unlike the assessee, which provided internet based medical health related services. The real services, therefore, were entirely dissimilar. We are of the opinion that this aspect is not a question of law, rather a factual one and does not call for any interference. - PR. CIT V/s INDUCTIS INDIA (P.) LTD. - [2019] 10 ITCD Online 80 (DEL)