Delhi HC Issues Notice on Contempt Plea filed by ANI Media Private Limited  ||  Rights of Mutation: Del. HC Initiates Suo Motu PIL Over Lack of Policies for Mutation of Property  ||  All. HC: Can’t Implicate Co-Accused u/s 149 when there is No Meeting of Mind Regarding Common Object  ||  SC: Factum of Causing Injury Not Relevant When Accused Roped in as Member of Unlawful Assembly  ||  Meghalaya Govt. to SC: Circular Issued Regarding Prohibition of 'Two Finger test' on Rape Survivors  ||  SC: No Minimum Sentence Prescribed for Conviction Under Section 304(A) and 338 of IPC  ||  Kar. HC: Offence Under Widlife Protection Act Shouldn’t be Kept Pending for Very Long  ||  Mad. HC: Courts Have Power to Grant Maintenance to Muslim Woman Who Has Filed for Divorce  ||  Bom. HC: Bail Granted to Man on Ground of Having No Intention to Disrupt Public Peace  ||  MP HC: Transferring Accused Merely Because ICC Proceedings are Pending is Unjustified    

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 2024 - All Rights Reserved