TMI Blog2018 (7) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal u/s.260A of the Act is not maintainable. - I.T.A. No.545/2016 - - - Dated:- 28-6-2018 - Dr. Vineet Kothari And Mrs. S. Sujatha, J.J. Sri Sanmathi.E.I., Adv- For the Appellant Mrs. Tanmayee Rajkumar, Adv.- For the Respondent JUDGMENT This Appeal is filed by the Revenue purportedly raising substantial questions of law arising from the Order of the Income Tax Appellate Tribunal, Bangalore Bench B , Bangalore, in IT[TP]A No.584/Bang/2008 dated 11.03.2016, relating to the Assessment Year 2004-05. 2. The proposed substantial questions of law framed by the Revenue in the Memorandum of Appeal is as under: [1] Whether on the facts and in the circumstances of the case, the Tribunal erred in holding tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh assessee is also involved in software development services, TPO did the analysis and adjustment only to the extent of ITES services. We are unable to straight away exclude the above company. The inter-relation between the software development services and ITES in the assessee s case could not be analysed by us. Assessee has itself selected the above company as a comparable company in its TP study. In fact, assessee s margin arrived at in the TP study as recorded by the CIT[A] in Table 3 page 6 of the order was at 51%, whereas the TPO as considered the unadjusted profit margin at 45.74%. Whether Tricom India Ltd., also is in ITES services which could be separated or segmented, like in assessee s case also could not be verified by us. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res in Tax Havens (like in the case of Vodafone etc.), if based on relevant facts, such substantial questions of law could be raised before the High Court under Section 260-A of the Act, the Courts could have embarked upon such exercise of framing and answering such substantial question of law. On the other hand, the appeals of the present tenor as to whether the comparables have been rightly picked up or not, Filters for arriving at the correct list of comparables have been 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 sugges ..... X X X X Extracts X X X X X X X X Extracts X X X X
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