Asst.C.I.T., Bangalore M/s Inmobi Technologies Pvt. Ltd.,, Bangalore

Last updated: 31 December 2020

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Quick Summary

This case involves an appeal by the Revenue against the Dispute Resolution Panel's (DRP) directions concerning M/s. Inmobi Technologies Pvt Ltd for the 2011-12 assessment year. The core issue is the exclusion of specific companies from a list of comparables used by the Transfer Pricing Officer (TPO) in the software development segment, despite these companies meeting the TPO's criteria.

Court :
ITAT Bangalore

Brief :
This appeal by the Revenue against the directions of the Dispute Resolution Panel (DRP) dt.29.12.2015 and order passed by the Assessing Officer u/s.143(3) r.w.s. 144C of the Income Tax Act, 1961 ('the Act') for the Assessment Year 2011-12.

Citation :
IT(TP)A No.620/Bang/2016

IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES “ B ” BENCH: BANGALORE

BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT
AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER

IT(TP)A No.620/Bang/2016
(Assessment Year: 2011-12)

Assistant Commissioner of Income Tax,
Circle 3(1)(1), Bangalore. ….Appellant

Vs.

M/s. Inmobi Technologies Pvt Ltd.,
Pebble Beach, Ground Floor, B Block,
Embassy Golf Links Business Park,
Off. Intermediate Road,
Bangalore – 560071 ……Respondent.
PAN AAECM 9170C

Assessee By: Shri L. Bharath, C.A.
Revenue By: Shri G. Guruswamy, CIT (D.R.)

Date of Hearing : 10.12.2020.
Date of Pronouncement : 16.12.2020.

O R D E R

PER SHRI CHANDRA POOJARI, A.M. :

This appeal by the Revenue against the directions of the Dispute Resolution Panel (DRP) dt.29.12.2015 and order passed by the Assessing Officer u/s.143(3) r.w.s. 144C of the Income Tax Act, 1961 ('the Act') for the Assessment Year 2011-12.

2. The revenue has raised various grounds; the crux of the grounds are that the DRP erred in holding that the following comparables to be excluded from the list of comparables that though it satisfies all the qualitative and quantitative criteria adopted by the Transfer Pricing Officer (TPO) in Software Development Segment :

i) Acropetal Technologies Limited
ii) E-Infochips Limited
iii) Infosys Limited
iv) L & T Inoftech limited and
v) R S Softwre

To know more in details find the attachment file

FAQ :

The appeal concerns the exclusion of certain companies from a list of comparables used by the Transfer Pricing Officer (TPO) in assessing M/s. Inmobi Technologies Pvt Ltd for the 2011-12 assessment year.

The appeal is between the Assistant Commissioner of Income Tax, Bangalore (Appellant) and M/s. Inmobi Technologies Pvt Ltd., Bangalore (Respondent).

The Revenue is appealing against the DRP's directions dated 29.12.2015, which appear to have led to the exclusion of certain comparables.

The companies proposed for exclusion were Acropetal Technologies Limited, E-Infochips Limited, Infosys Limited, L & T Infotech Limited, and R S Software.

The Revenue's grounds for appeal suggest that these companies were excluded despite satisfying the qualitative and quantitative criteria set by the Transfer Pricing Officer (TPO).