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2017 (5) TMI 1483 - HC - Income TaxTPA - Comparable selection - grievance of the Revenue is that without a proper discussion and merely relying on past precedents, the ITAT has excluded the comparables chosen by the Transfer Pricing Officer (TPO) after rejecting the 22 comparables included by the Assessee in its Transfer Pricing study - Held that:- The Court has carefully perused the impugned order of the ITAT and the discussion on this aspect. In the considered view of this Court, while it is true that previous precedents have been relied upon by the ITAT, it would be incorrect to say that ITAT did not take into account the factors that weighed with it for excluding the said comparables. The Court does not find any substantial question of law arising on this aspect and therefore, declines to frame any question. Deduction under Section 10 A - case of the Revenue is that ITAT erred in accepting the case of the Assessee that the communication charges should stand excluded both from the export turnover as well as the total turnover - Held that:- It is seen that this Court in CIT v. Genpact India [2011 (11) TMI 119 - DELHI HIGH COURT] has answered this very issue in favour of the Assessee and against the Revenue. No substantial question of law
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