Aginity India Technologiers P. Ltd v. Commissioner Of Income Tax-1

$~32 *IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 99/2017 & CM Nos.4174-75/2017 AGINITY INDIA TECHNOLOGIERS P. LTD...... AppellantThrough:Mr. Sanat Kapoor, Advocate. Versus COMMISSIONER OF INCOME TAX-1..... RespondentThrough:Mr. Rahul Chaudhary, Advocate. CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRIO R D E R%03.02.2017 1.Issue notice.Mr. Rahul Chaudhary, Advocate accepts notice onbehalf of the respondent. 2.The assessee in this appeal against the order of the Income TaxAppellate Tribunal (ITAT) under Section 260A of the Income Tax Act,1961 (for short ‘the Act’) questions the inclusion of three comparables i.e.E-Zest Solutions Ltd., Flextronics Software System Ltd. and PersistentSystems Ltd. These were introduced by the TPO and affirmed concurrentlyby the DRT and the ITAT. The assessee has also appealed inclusion of eightothercomparablesi.e.AvaniCincomTechnologiesLtd.,KALSInformation System Ltd., I Gate Global Solutions Ltd., Tata ELXSI Limited(Seg),Thirdware Solutions Ltd. (Seg-),Softsol India Ltd., InfosysTechnologies Ltd. and Wipro Ltd. (after excluding rental income etc.). Theground urged is that the ITAT’s affirmation of the DRT’s order and in turn that Authorities’ orders are unreasoned as to the grounds urged before thisAppellate Authority. 3.This Court has considered the submissions and materials on recordand is of the opinion that even though the remit by the ITAT is justified, thelack of any reasoning by any Authority, as to the inclusion of thecomparables, would mean that the matter is open for the assessee and that itsright to contend that inclusion of such comparables is not in accordance withlaw, for the whatever grounds it chooses to urge are open.The ITAT’sorder is accordingly partly allowed and all rights and contentions of theparties are kept open in respect of all the comparables mentioned in thisorder. 4.The appeal is disposed off accordingly. S. RAVINDRA BHAT, J. FEBRUARY 03, 2017sb NAJMI WAZIRI, J.