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TMI Blog2018 (7) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... nbsp; for AY 2010-11. 2. The appellants - Revenue have suggested one substantial question of law which is quoted below for ready reference: - "Whether on the facts and in the circumstances of the case, the Tribunal is right in law in directing the Transfer Pricing Officer to adopt the resale price method rejecting the transaction net margin method adopted by the transfer pricing officer as the most appropriate method without ascertaining the nexus with the business activity of the assessee company?" 3. In so far as the only purported substantial question of law raised by the Revenue is concerned, the learned ITAT in its Order dated 30/09/2015 has given the findings, the relevant portion of which is quoted below for ready ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year also therefore we set aside the order of lower authorities and remit the issue of fixation of ALP of the international transactions entered by the assessee, back to the file of the AO/TPO. Same directions which were given by us for A.Y.2008-09 will apply here also." 4. However, this Court in a recent judgment in I.T.A.No.536/2015 c/w. I.T.A.No.537/2015 (Pr. Commissioner of Income Tax, Bangalore and Another Vs. M/s. Soft brands India P. Ltd.,) rendered on 25-06-2018, has held that in these type of cases, unless an ex-facie perversity in the findings of the learned Income Tax Appellate Tribunal is established by the appellant, the appeal at the instance of an assessee or the Revenue under Section 260-A of the Act is not main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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-A of the Act before this Court. 58. The appeals filed by the Revenue are therefore dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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