TMI Blog2018 (10) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... ivities of Motilal Oswal Investment Advisors Pvt. Ltd. were functionally incomparable to the activities of investment advisory services rendered by the assessee to its associate enterprise. Here as well, similar is the factual position. Once the factual findings rendered in the impugned order are based on the materials before the tribunal, then, it is not permissible for us to re-appraise and r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arise from the order of the tribunal. 2. To appreciate this argument, we must refer to the basic facts. A return of income was filed by the assessee. The case was selected for scrutiny. A notice was issued and thereafter, the assessing officer discovered that an international transaction with associate enterprise entered into by the assessee exceeded the threshold limit of ₹ 15 crores. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment order dated 20th October, 2013. 3. The Revenue being aggrieved thereby, filed an appeal to the tribunal and the assessee also filed cross objections. The Revenue, in the appeal, challenged the deletion of certain comparables, whereas, the assessee challenged the upholding of the Dispute Resolution Panel's view insofar as a comparable in the form of Motilal Oswal Investment Advisors Pv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The aggrieved assessee approached the Dispute Resolution Panel, which deleted the instance of Motilal Oswal Investment Advisors Pvt. Ltd. as comparable. That is how maintaining of that view by the tribunal triggered Income Tax Appeal No. 406 of 2016 and proposing identical questions as substantial questions of law. 6. In a detailed order passed by this court, it has been held that there is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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