TMI Blog2018 (7) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... 017 - - - Dated:- 28-6-2018 - Dr. Vineet Kothari And Mrs. S. Sujatha, J.J. Sri E.I.Sanmathi, Adv.- For the Appellant Sri Mallaharao K., Sri Sandeep S. Karhail, ADVS.- 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 ITA[TP] No.1214/Bang/2011 dated 29.08.2016, relating to the Assessment Year 2007-08. 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 was justified in law in directing the TPO to exclude 14 comparable out of 26 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26 comparables out of which the assessee is seeking exclusion of 14 Marvel India Pvt. Ltd. Vs ACIT in IT(TP)A No.1033(B)/2011 dated 17.06.2016. Copy of this order is furnished along with the chart and it has been pointed out that Para 5 to 7 of this Tribunal order on pages 6 to 9 of this Tribunal order are relevant for exclusion of this comparable. Hence, for the sake of ready reference, we reproduce para-5 to 7 of this Tribunal order as under: From the above paras reproduced from the Tribunal order rendered in the case of M/s Marvel India Pvt. Ltd. (supra), it is seen that in that case, the company was engaged in software services and it was held by the Tribunal in that case that following 14 comparables should be excluded and fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income Tax Anr. V/s. M/s.Softbrands India Pvt. Ltd.,] wherein it has been observed that unless the finding of the Tribunal is found ex facie perverse, the Appeal u/s. 260-A of the Act, is not maintainable. The relevant portion of the Judgment is quoted below for ready reference: Conclusion: 55. A substantial quantum of international trade and transactions depends upon the fair and quick judicial dispensation in such cases. Had it been a case of substantial question of interpretation of provisions of Double Taxation Avoidance Treaties (DTAA), interpretation of provisions of the Income Tax Act or Overriding Effect of the Treaties over the Domestic Legislations or the questions like Treaty Shopping, Base Erosion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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