ACCENTURE SERVICES P.LTD, MUMBAI V. DCIT CIT 14(1)(1), MUMBAI

ITA 1423/MUM/2016

AI Insights

The case involves Accenture Solutions Private Limited (ASOL), which is a successor to Accenture Services Private Limited (ASPL), in a dispute with the Deputy Commissioner of Income Tax, Mumbai, concerning the assessment year 2011-12. The primary issue was related to the selection of comparable companies for benchmarking in the context of transfer pricing. The Tribunal initially made an error in naming the appellant and the comparable company in its decision. The corrigendum issued rectified these errors, ensuring that the correct entities were referenced in the context of the legal and factual analysis provided by the Tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113410 (ITAT-MUMBAI)
• Duration Of Justice: 7 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: K
• Next Hearing Date: 18-04-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 14-03-2016
• Other Referred Cases: Goldman Sachs Services Pvt. Ltd. Vs. DCIT
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Transfer pricing

Judgement Text

IN THE .INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 1423/MUM/2016 (Assessment Year: 2011-12) Accenture Solution Private Limited [as a successor to Accenture Services Private Limited (‘ASPL’), Plant No. 3, Godrej & Boyce Complex, Phirojshah Nagar, Vikhroli (West), Off L.B.S. Marg, Mumbai - 400079 [PAN: AACCA8997K] The Deputy Commissioner of Income Tax, Circle 14(1)(1), Mumbai, Room No. 460, 4 th Floor, Aayakar Bhavan, M.K. Road, Mumbai – 400020 ............... Vs ................ Appellant Respondent CORRIGENDUM 1. In the order, dated 11/07/2023, passed by “K” Bench of the Tribunal in ITA No. 1423/Mum/2016 the name of the Appellant has been incorrectly mentioned in the cause title as : “Accenture Services Private Limited [as a successor to Accenture Services Private Limited („ASPL‟) which has merged into ASOL with an effective date of 01 December 2016]” 1.1. The name of the Appellant as mentioned in the cause title shall be replaced by and read as the following name stated in Form 36B, dated 29/09/2017: “Accenture Solutions Private Limited (ASOL) [as a successor to Accenture Services Private Limited („ASPL‟) which has merged into ASOL with an effective date of 01 December 2016]” Corrigendum: ITA No.1423/Mum/2016 (Assessment Year: 2011-2012) 2 2. Further, after quoting the decision of the Tribunal in the case of Goldman Sachs Services Pvt. Ltd. Vs. DCIT: [ITA No. 581/Bang/2016] & C.O. 21/Bang/2017, dated 12/09/2018, in paragraph 5.12 of the decision, in paragraph 5.13 the name of comparable has been incorrectly mentioned as „Goldman Sachs Services Pvt. Ltd.‟ instead of „I-Gate Global Solutions Limited‟. Therefore, „Goldman Sachs Services Pvt. Ltd.‟ stated in paragraph 5.13 shall stand replaced by and be read as ‟I-Gate Global Solutions Limited.‟ Accordingly, paragraph 5.13 shall read as under: “5.13 In the above appeal, the Tribunal had upheld the decision of the DRP to exclude I-Gate Global Solutions Limited as a comparable for benchmarking ITeS Segment as segmental data for IT Services and ITeS Services was not available in the annual financial statements of I-Gate Global Solutions Limited. Thus, facts/contentions being identical, respectfully following the above decision of the Co-ordinate Bench of the Tribunal, we hold that for the Assessment Year 2011-12, I-Gate Global Solutions Limited cannot be accepted as comparable in the present case on account of non-availability of segmental data. Accordingly, the Assessing Officer/TPO are directed to exclude the I-Gate Global Solutions Limited from the final set of comparables and re-compute ALP as well as transfer pricing adjustment, if any, accordingly.” Sd/- Sd/- (B.R. Baskaran) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated : 03.11.2023 Alindra, PS Corrigendum: ITA No.1423/Mum/2016 (Assessment Year: 2011-2012) 3 आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त/ The CIT 4. प्रध न आयकर आय क्त / Pr.CIT 5. दिभ गीय प्रदिदनदध, आयकर अपीलीय अदधकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपि प्रदि //True Copy// उप/सह यक पुंजीक र /(Dy./Asstt. Registrar) आयकर अपीलीय अदधकरण, म ुंबई / ITAT, Mumbai