TMI Blog2018 (7) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... to any substantial question of law and the suggested substantial questions of law do not meet the requirements of Section 260-A of the Act and thus the appeals filed by the Revenue are found to be devoid of merit and the same are liable to be dismissed. See Prl. Commissioner of Income Tax & Anr. –v- M/s Softbrands India Pvt. Ltd. (2018 (6) TMI 1327 - KARNATAKA HIGH COURT ) - I.T.A. No.375/2017 - - - Dated:- 28-6-2018 - DR. Vineet Kothari And Mrs. S. Sujatha, J.J. Sri. K.V. Aravind, Adv.- For the Appellant Ms. Tanmayee Rajkumar, Adv.- For the Respondent JUDGMENT 1. The Appellants-Revenue have filed this appeal u/s.260A of the Income Tax Act, 1961, raising purportedly the substantial question of law arising from the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he rival submissions. We find that in Para 11.1 of its order, the tribunal in the case of e4e Business Solutions India Pvt. Ltd. vs. DCIT (Supra) held that Accentia Technologies Ltd is not a good comparable because of functional dissimilarity. As per the functional profile of e4e Business Solutions India Pvt. Ltd. noted by the tribunal in that case, that company is engaged in rendering BPO services to its clients. As per the functional profile of the present assessee as noted by the TPO on page 2 of his order, the assessee is engaged in manufacturing segment as well as providing of back office services and as per page 3 of the order of TPO, only international transaction is in ITES segment of ₹ 9504.12 Lacs. Hence, the functional pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that Infosys BPO Ltd. Is also not a good comparable and accordingly, the AO/TPO is directed to exclude this company also from the final list of comparables. 10. We find that in Para 11.4 of its order, the tribunal in the case of e4e Business Solutions India Pvt. Ltd. vs. DCIT (Supra) held that Cosmic Global Ltd. is also not a good comparable because of functional dissimilarity. We have already seen that the functional profile of the assessee and e4e Business Solutions India Pvt. Ltd. is similar and learned DR of the revenue also could not point out any difference in facts. Hence, respectfully following this tribunal order, we hold that Cosmic Global Ltd. is also not a good comparable and accordingly, the AO/TPO is directed to exclude t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rightly applied or not, do not in our considered opinion, give rise to any substantial question of law. 56. We are therefore of the considered opinion that the present appeals filed by the Revenue do not give rise to any substantial question of law and the suggested substantial questions of law do not meet the requirements of Section 260-A of the Act and thus the appeals filed by the Revenue are found to be devoid of merit and the same are liable to be dismissed. 57. We make it clear that the same yardsticks and parameters will have to be applied, even if such appeals are filed by the Assessees, because, there may be cases where the Tribunal giving its own reasons and findings has found certain comparables to be good comparables ..... X X X X Extracts X X X X X X X X Extracts X X X X
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