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TMI Blog2018 (7) TMI 2128X X X X Extracts X X X X X X X X Extracts X X X X ..... the substantial question of law formulated in the appeal memorandum, which reads thus: "Whether on the facts and in the circumstances of the case, the Tribunal was right in law in directing the assessing authority / transfer pricing officer to allow risk adjustment of 1% to the assessee as per prevailing norms by following its earlier decision in case of Intellinet Technologies P. Ltd., in ITA No.1237/Bang/2007 which has been challenged before this Hon'ble Court and even when no adjustment on account of risk is required to be allowed to assessee as per Rule 10(3)?" 3.The learned Tribunal has though passed a very brief order holding that the grounds of appeals raised by the appellant are misconceived but they were extracted from the submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y means of guidance, it may be mentioned that in the case of DCIT Vs. Hello Soft Pvt. Ltd., [2013] 32 taxmann.com 101 [ITAT, Hyd] 1% adjustment to the average margin was provided towards risk differential. 4. We are of the opinion that Revenue's grounds are misconceived and hence we dismiss the same." 4.The controversy involved herein is no more res integra in view of the decision of this Court in I.T.A. Nos.536/2015 c/w 537/2015 dated 25.06.2018 [Prl. Commissioner 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 re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rameters 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 to arrive at an 'Arm's Length Price' in the case of the assessees with which the assessees may not be satisfied and have filed such appeals before this Court. Therefore we clarify that mere dissatisfaction with the findings of facts arrived at by the learned Tribunal is not at all a sufficient reason to invoke Section 260-Aof the Act before this Court. 58. The appeals filed by the Revenue are therefore dismissed with no order as to costs." 5.In the circumstances, having heard the learned Counsel appearing for both the side ..... X X X X Extracts X X X X X X X X Extracts X X X X
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