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BPO Not KPO: ITAT Rejects Comparables, Deletes 14A Disallowance & Treats Forex as Operating Item

Case Law Details

TaxGuru Citation
2026 taxguru.in 12381
Case Name
JCIT Vs AON Servies India Pvt. Ltd. (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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JCIT Vs AON Servies India Pvt. Ltd. (ITAT Delhi)

BPO Not KPO: ITAT Rejects Comparables, Deletes s.14A Disallowance & Treats Forex as Operating Item

Summary: The Delhi ITAT dealt with cross-appeals involving transfer pricing comparables, disallowance u/s 14A & treatment of foreign exchange fluctuation while computing operating margins under TNMM. The Revenue challenged the CIT(A)’s directions regarding six comparables as well as deletion of ₹20.23 lakh disallowance u/s 14A. The assessee, apart from its original grounds relating to delayed employees’ contribution, raised an additional ground contending that forex fluctuation arising from normal business transactions was an operating item. The Tribunal dismissed the Revenue’s appeal in entirety & partly allowed the assessee’s appeal.

Transfer pricing battle – Revenue wanted the comparables back

The Revenue challenged the CIT(A)’s treatment of several companies while determining the assessee’s ALP. Its objections related to R Systems International Ltd., Accentia Technologies Ltd., Acropetal Technologies Ltd., E-Clerx Services Ltd., Infosys BPO Ltd. & TCS E-Serve Ltd. It also challenged deletion of the ₹20,23,500 disallowance u/s 14A r.w. Rule 8D.

The ITAT, however, found no merit in any of these grounds.

Different financial year alone cannot sink R Systems

The TPO had rejected R Systems International Ltd. because it followed a different financial year.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,266

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