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2020 (12) TMI 671 - HC - Income TaxTP Adjustment - Comparable selection - whether Infosys Ltd is comparable to the assessee? - substantial question of law - HELD THAT:- It is the cardinal principle of law that tribunal is fact finding authority and a decision on facts on the tribunal can be gone into by the High Court only if a question has been referred to it, which says the finding of the tribunal is perverse - SEE: ‘SUDARSHAN SILKS & SAREES VS. CIT [2008 (4) TMI 5 - SUPREME COURT] . The issue whether Infosys Ltd is comparable to the assessee and is functionally dissimilar is a finding of fact. From perusal of paragraphs 12 to 13.2.8 of the order passed by the Commissioner of Income Tax (Appeals) as well as para 21 and 22 of the order of the tribunal, it is evident that the Commissioner of Income Tax (Appeals) has dealt with the findings recorded by the transfer pricing officer and the same has been approved by the tribunal by assigning cogent reasons. The aforesaid findings are finding of fact. Even in substantial questions of law, no element of perversity has either been pleaded or demonstrated before this court. - Decided in favour of assessee.
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