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TMI Blog2018 (7) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., vs. The Deputy Commissioner of Income-Tax) for A.Y.2009-10. 2. The proposed substantial questions of law framed in the Memorandum of appeal by the Appellants-Revenue are quoted below for ready reference:- " Turnover filter 1. Whether on the facts and circumstances of the case, the Tribunal is right in law by directing the TPO to consider only those uncontrolled comparables which are having turnover between Rs. 1 to 200 crores and as against the method of Arithmetical average of the PLIs of uncontrolled comparables as per the proviso to section 92C(2) of Income Tax Act, 1961? 2. Whether on the facts and circumstances of the case, the Tribunal is right in directing the TPO to apply turnover filter without any evidence in support ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arges paid for leased line come under the purview of section 194J of the Act and therefore liable to TDS? 7. Whether on the facts and in the circumstances of the case, the Tribunal was justified in directing the Assessing Officer to reduce the expenditure incurred in foreign currency both from the Export Turnover and Total Turnover for the purpose of computation of deduction u/s. 10A/10AA of the IT Act without appreciating the fact that the statute allows exclusion of such expenditure only from the ETO by way of specific definition of export turnover as envisaged in the Act. On the other hand, there is no specific provision in section 10A/10AA warranting exclusion of the above expenses from the total turnover also?". 3. Learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lationship between the margin and turn over in the case of comparables which had turn over in excess of Rs. 200 Crores. We are therefore, of the opinion that M/s Tata Elxsi Ltd., M/s Sasken Communication Tech. Ltd., M/s Persistent Systems Ltd., M/s Zylog Systems Ltd., M/s Mindtree Ltd., M/s L & T Infotech Ltd., and M/s Infosys Ltd., have to be excluded from the list of comparables for working out the average mean margin. 14. Vis-a-vis Bodhtree Consulting Ltd., (supra) we find that this Tribunal in the case of M/s Cisco Systems Ind. Pvt. Ltd., (supra) in its decision dated 14-9-2014 had held as under at para-26.1 of its order. xxxxxxxxxxxx The profile of the assessee as mentioned in the TPO's order reads as under: The profile of M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A of the Act is not maintainable. The relevant portion of the said 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 Overriding Effect of the Treaties over the Domestic Legislations or the questions like Treaty Shopping, Base Erosion and Profit Shifting (BEPS), Transfer of Shares in Tax Havens (like in the case of Vodafone etc.), if based on relevant facts, such substantial questions of law could be raised before the High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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