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2018 (10) TMI 991 - HC - Income TaxDeduction u/s 10A - excluding the expenditure incurred in foreign exchange and communication / internet charges from 'total turnover' for working out the deduction - Held that:- The first question stands answered in favour of the Assessee and against the Revenue by a judgment of in the case of Commissioner of Income Tax, Central-III v/s HCL Technologies Limited [2018 (5) TMI 357 - SUPREME COURT]. TPA - Selection of comparables - Held that:- Any inclusion or exclusion of comparables per se cannot be treated as a question of law unless it is demonstrated to the Court that the Tribunal or any other lower authority took into account irrelevant considerations or excluded relevant factors in determination of Arm's Length Price and that impacts significantly the same. See THE PR. COMMISSIONER OF INCOME TAX-1 VERSUS BARCLAYS TECHNOLOGY CENTRE INDIA PRIVATE LTD. [2018 (8) TMI 574 - BOMBAY HIGH COURT]. We think that whether one instance or one illustration or one entity is comparable to another in determination of the Arm's Length Price, is essentially a question of fact. There, the relevant factors and tests are applied to the circumstances of the given case. The entity before the Court or Tribunal its business and that of the comparables business activity is, therefore, the crucial issue. We do not see how the Revenue can complain before us when this Court has been emphasizing throughout such an aspect.
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