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TMI Blog2018 (10) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... elopment. These are mere services which have been rendered in prior assessment year 2008-2009. If those services enable the Tribunal to take a view in favour of the Assessee for the prior assessment year, then, even for the following assessment year, the Tribunal found it safe to rely upon its own findings and conclusions for the prior assessment year. Very detailed reasons have been assigned but essentially on the above lines in the order under appeal. We have found that these are factual matters. We are unable to find any substantial question of law resulting from such an exercise. In fact, in the case of Principal Commissioner of Income Tax-1 v/s Barclays Technology Centre India Private Limited [2018 (8) TMI 574 - BOMBAY HIGH COURT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh Kumar appearing on behalf of the Revenue in support of this Appeal and Mr. Taneja and Mr. Jasani appearing on behalf of the Respondent. 5. With their assistance we have perused the Appeal paper book. 6. There are also some additional questions proposed and the draft of that additional questions has been handed over by Mr. Suresh Kumar during the course of argument. 7. The Tribunal had before it an Appeal which challenges the order of the Assessing Officer dated 10th December, 2013. 8. The Assessee says that it is a company providing support to a USA based establishment which is in the business of software development. The support services were rendered by the Indian Arm of this US establishment. A return of income was filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11th February, 2015. The Tribunal found that the record in relation to the grounds of the Assessee are identical. The Tribunal, therefore, had no hesitation in following its own order for the prior assessment year and reversing the view of the Assessing Officer. Thus, the Tribunal came to the conclusion that the activities on account of the Infrastructure Management Services and E-learning and Digital Consulting constitute 17% and 35% respectively of the total revenue. These are IT enabled services. These are not akin to software design and development services being rendered by the Assessee and therefore benchmarking was improper. The comparables relied upon by the Transfer Pricing Officer were thus not comparable at all. The Assessee ren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... questions or substantial questions of law. In paragraph 6 of the order passed in the case of M/s Barclays (supra), the Division Bench held as under:- 6 However, before closing, we would like to record the fact that we find that the Revenue is regularly filing appeals from the orders of the Tribunal in respect of Transfer Pricing particularly with regard to exclusion and inclusion of certain companies as comparables to determine ALP of tested parties. These appeals are being filed in a ritualistic manner. This results in the orders of the Tribunal which are essentially findings of fact in respect of exclusion/inclusion of a comparable being challenged without pointing out in any manner perversity of finding or failure to adhere to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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