TMI Blog2018 (7) TMI 2289X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - I.T.A. Nos.603/2015 & 241-242/2016 - - - Dated:- 19-7-2018 - THE HON BLE DR.JUSTICE VINEET KOTHARI AND THE HON BLE MRS.JUSTICE S.SUJATHA FOR THE APPELLANT : SRI.ANKUR PAI, ADV. FOR SRI.K R VASUDEVAN, ADV. FOR THE RESPONDENT : SRI.K V ARAVIND, ADV. JUDGMENT Mr. Ankur Pai, Adv. for Mr. K.R. Vasudevan, Adv., for Appellant Assessee. Mr. K.V. Aravind, Adv., for Respondent-Revenue These Appeals are filed by the Assessee purportedly raising substantial questions of law arising from the Order of the Income Tax Appellate Tribunal, Bangalore Bench A , Bangalore in IT[TP]A Nos.332 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of M/s.GE BE Pvt. Ltd. (cited supra) we find that M/s.GE BE Pvt. Ltd., is a contract manufacturer of medical equipment and that it also entered into similar international transactions with its AEs which are reproduced at para.4 of the order of the Tribunal. In the said case also, the assessee therein, had adopted CPM as the most appropriate method for determining the ALP and had adopted comparables involved in manufacture of automobile parts on contract basis. The TPO therein was of the view that since the assessee was a manufacture of medical equipment, the comparables adopted by the company are not comparable to the assessee. The TPO held that the assessee has not chosen comparables using an objective, consistent, logical and tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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