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2019 (2) TMI 1806 - BOMBAY HIGH COURTTP Adjustment - Comparable selection - HELD THAT:- Assessee entered into an international transaction of non-binding investment advisory services with its Associate Enterprises thus companies functionally dissimilar with that of assessee need to be deselected from final list. Rational for inclusion of the six comparables excluded by the TPO have been dealt with in extensive detail by the Tribunal and we are in agreement with the reasons recorded by the Tribunal. Further the reasons given for inclusion of the five new comparables by the TPO have been decidedly set aside by the Tribunal on the basis of decisions rendered by this Court either in the case of the assessee itself and / or in other cases after proper consideration. It is clear that the appeal filed under Section 260A of said Act is required to be entertained only on “substantial question of law” arising out of the order of the Tribunal, keeping in mind that we can not disturb findings of fact under Section 260A of the said Act unless such findings are shown to be ex-facie perverse and unsustainable and exhibit a total non-application of mind. We are therefore of considered opinion that the present appeal filed by the Revenue does not give rise to any substantial question of law. The appeal filed by the Revenue is found to be devoid of merit and the same is liable to be dismissed.
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