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2022 (9) TMI 1192 - HC - Income TaxTP Adjustment - Comparable selection - Whether ITAT fell in error in holding that the Assessee is not a Knowledge Processing Outsourcing Unit (‘KPO’) whereas the Assessee itself in the transfer pricing study report had declared that it is engaged in KPO activities? - HELD THAT:- ITAT has recorded that admittedly, there has been no change in the functions performed by the Assessee for the earlier years and in AY 2009-10 when the said comparables were excluded in the case of the Assessee after analyzing its functional profile. ITAT and the DRP have thus, returned concurrent finding of facts with respect to the functional dissimilarities of the said four comparables with the Assessee. In the present appeal, the challenge is to the said finding of facts and there is no perversity in the said findings. Revenue has not been able to demonstrate that the analysis done by ITAT and DRP while excluding the companies suggested by Revenue from the list of comparables, was in any manner contrary to the settled position in law. This Court in WSP Consultants India Pvt. Ltd. [2017 (11) TMI 464 - DELHI HIGH COURT] has held that 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 took into account irrelevant consideration or excluded irrelevant factors in the ALP that impact significantly. ITAT has not committed any perversity or applied incorrect principle to the given facts and therefore, we do not find that any substantial questions of law arise for consideration in the present appeal. Accordingly, the same is dismissed.
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