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2017 (5) TMI 310 - HC - Income TaxDirection issued by the ITAT to exclude the reimbursement cost while calculating the operating cost for determining the Arm’s Length Price (‘ALP’) of the international transaction involving the Assessee during the AY in question - Held that:- In the present case, as is evident from the passage extracted hereinbefore from the impugned order of the ITAT, after the examination of the agreement the ITAT came to a definite factual conclusion as regards reimbursement of the infrastructure costs of the Assessee by the AE without any mark up. Thus the decision has turned purely on facts. The ground of perversity ought not to be casually pleaded. It requires a detailed study of the entire record by the Appellant. In the present case, for instance, the ITAT after examining the agreement between the Assessee and its AE has agreed with the Assessee that the reimbursement of the infrastructure cost has no mark-up. Unless there is a specific plea to the effect that the said factual finding is perverse, the Court cannot, at the instance of a general plea of perversity, entertain such a ground of appeal by the Revenue. No substantial question law arises
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