TMI Blog2018 (7) TMI 2311X X X X Extracts X X X X X X X X Extracts X X X X ..... at unless the finding of the Tribunal is found ex facie perverse, the Appeal u/s. 260-A of the Act, is not maintainable - mere dissatisfaction with the findings of facts arrived at by the learned Tribunal is not at all a sufficient reason to invoke Section 260-A - No substantial question of law arises for consideration in the present case. - I.T.A. No. 207/2016 - - - Dated:- 4-7-2018 - Hon ble Dr. Justice Vineet Kothari And Hon ble Mrs. Justice S. Sujatha For the Appellants : Sri E.I. Sanmathi, Adv. For the Respondent : Ms. Sujatha D., Adv. For Mr. Mallaharao K., Adv. JUDGMENT Mr. E.I. Sanmathi, Adv. for Appellants Revenue. Ms. Sujatha D., for Mr. Mallaharao. K., Adv. for Respondent Assessee. This Appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no reason for its exclusion from the operating revenues for the purpose of calculating the operating margin of the assessee. We find that this proposition has been upheld by a coordinate bench of this Tribunal in the case of Amba Research India Pvt. Ltd., in IT[TP]A No.1376/Bang/2014 dt. 17.4.2015 wherein at para 5.7 thereof it has been held as under: xxxx Following the decision of the co-ordinate benches of this Tribunal in the case of Sap Labs India [Pvt.] Ltd., [supra], Triology E Business Software India Pvt. Ltd., [supra], Mindteck [India] Ltd., [supra] and Amba Research India Pvt. Ltd., [supra], we hold that operating revenue should be computed by including the foreign exchange gain/loss. Consequently, the grounds at S. No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 suggested substantial questions of law do not meet the requirements of Section 260-A of the Act and thus the appeals filed by the Revenue are found to be devoid of merit and the same are liable to be dismissed. 57. We make it clear that the same yardsticks and parameters 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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