2018 (7) TMI 2003 - HC - Income Tax

TP Adjustment - comparable selection - HELD THAT - Controversy involved herein is no more res integra in view of the decision of this court in Principal CIT v. Softbrands India Pvt. Ltd. 2018 (6) TMI 1327 - KARNATAKA HIGH COURT wherein it has been observed that unless the finding of the Tribunal is found ex facie perverse the appeal under section 260A of the Act is not maintainable.

Summary

Issues:
Appeal by Revenue challenging ITAT order - Substantial questions of law: 1. Exclusion of certain companies as comparables, 2. Treatment of foreign exchange transactions.

Analysis:
1. Exclusion of Companies as Comparables:
The first substantial question of law raised by the Revenue pertains to the exclusion of certain companies as comparables by the ITAT. The controversy revolved around the inclusion of companies like Bodhtree Consulting Ltd., Infosys Ltd., and Tata Elxsi Ltd. as comparables. The ITAT, after considering the arguments of both parties, made detailed findings regarding each company. Notably, the ITAT excluded Bodhtree Consulting Ltd. from the list of comparables based on functional dissimilarities with the assessee, emphasizing Bodhtree's nature as a software product company. This decision was supported by precedents from the Tribunal, such as the case of CISCO Systems (India) Pvt. Ltd. The ITAT also excluded Infosys Ltd. and Tata Elxsi Ltd. as comparables due to their dissimilarity with the assessee, a captive software service provider. These exclusions were in line with previous Tribunal decisions and principles of comparability analysis. The High Court referred to a previous judgment emphasizing that unless the Tribunal's finding is ex facie perverse, the appeal under section 260A of the Act is not maintainable. Therefore, the High Court concluded that no substantial question of law arose in this case, leading to the dismissal of the Revenue's appeal.

2. Treatment of Foreign Exchange Transactions:
The second substantial question raised by the Revenue regarding the treatment of foreign exchange transactions was not pressed by the Revenue's counsel during the proceedings. Consequently, the submission related to this question was taken on record without further argument. This indicates that the issue of foreign exchange transactions was not actively pursued by the Revenue during the appeal. As a result, the High Court did not provide a detailed analysis of this aspect in the judgment. The focus of the judgment primarily remained on the exclusion of companies as comparables, which was the central point of contention between the parties.

In conclusion, the High Court dismissed the Revenue's appeal, emphasizing that no substantial question of law merited consideration in the case. The judgment underscored the importance of maintaining consistency in applying comparability analysis principles and highlighted the need for substantial legal questions to be raised to invoke the jurisdiction of the High Court under section 260A of the Act. The decision reinforced the principle that mere dissatisfaction with the Tribunal's factual findings is not sufficient to warrant an appeal before the High Court.