Supreme Court: GPF Nomination in Favour of a Parent Becomes Invalid Once the Employee Marries  ||  Supreme Court: Candidate Not Disqualified if Core Subject Studied Without Exact Degree Title  ||  Supreme Court: Stamp Duty Relief for Co-Operative Societies Cannot Depend on Extra-Legal Verification  ||  Delhi High Court: Allegations of Forgery Alone Do not Bar NCLT From Examining Company Records  ||  J&K&L HC: Only Revenue Authorities Can Handle Agrarian Resumption; Civil Courts Cannot Intervene  ||  Delhi HC: CAPF Candidate's Height of 164.6 Cm Can be Rounded to 165 Cm; Rejection Prima Facie Illegal  ||  NCLT Mumbai: Bank Cannot Retain OTS Earnest Money After Accepting a Resolution Plan  ||  Supreme Court: Imminent Death Not Required For a Statement to Qualify as Dying Declaration  ||  SC: HC Cannot Grant Pre-Arrest Bail Without Quashing FIR; Accused Must Approach Sessions Court First  ||  SC: Agreed Interest Rate Cannot Be Challenged as Exorbitant; Arbitrator Cannot Override Contract    

Encora Innovation India Private Limited Vs. The Deputy Commissioner of Income Tax - (Income Tax Appellate Tribunal) (09 Aug 2021)

When assessee is a capital service provider, there is no necessity to provide negative working capital adjustment

MANU/IL/0241/2021

Direct Taxation

Two issues raised in present case is namely-- (i) Assessee's prayer regarding inclusion of Crystal Voxx Limited in the final list of comparable companies with respect of ITES segment. (ii) Assessee's submission that, negative working capital adjustment should not be allowed.

On identical facts, the Bangalore Bench of the Tribunal in FNF India Private Limited v. ACIT had held that Crystal Voxx Limited should be included in the final list of comparable companies. The list of comparable companies selected by the TPO in this case and the assessment year are identical to the case of FNF India Private Limited. In view of the above order of the Co-ordinate Bench of Bangalore Tribunal in the case of FNF India Limited, AO/TPO are directed to include Crystal Voxx Limited as a comparable Company.

Admittedly in this case, the assessee is a capital service provider entirely funded by its AEs. In the following case laws, it has been held that when assessee is a capital service provider, there is no necessity to provide negative working capital adjustment.

In view of the judicial pronouncements, it is held that since the assessee is a capital service provider, negative working capital adjustment need not be given in the facts of this case. The appeal filed by the assessee is partly allowed.

Tags : ASSESSMENT   LIST   COMPARABLE COMPANIES  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved