2018 (7) TMI 2178

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..... on of this Court in M/s.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 u/s. 260-A of the Act, is not maintainable. Thus no substantial question of law arises for consideration in the present case.
Hon'ble Dr. Justice Vineet Kothari And The Hon'ble Mrs. Justice S. Sujatha, JJ. For the for Appellants-Revenue : Mr. E.I. Sanmathi, Adv. For the Respondent-Assessee : Mr. K.R. Vasudevan & Mr. Ankur Pai, Advs. JUDGMENT This Appeal is filed by the Revenue purportedly raising substantial questions of law arising from the Order of the Income Tax Appellate Tribunal, Bangalore Bench 'C', Bangalore, in IT[TP]A No.100 .....

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..... co-ordinate bench at paras 17 & 18 of its order has held that the aforesaid seven companies (listed at S.Nos.5 to 11 in the TPO's final list of comparables) should be excluded from the list of comparables as the turnover of these companies is more than ₹ 200 Crores while that of the assessee is that case was only ₹ 31.83 Crores. 7.3.2 The relevant portion of the order in the caseof Airbus India Operations Pvt. Ltd. (supra) at paras 17 & 18 thereof is extracted hereunder :- xxxxx 7.3.3 Following the aforesaid decision of the co-ordinate bench of this Tribunal in the case of Airbus India Operations Pvt. Ltd. (supra) for Assessment Year 2009-10, we hold that the aforesaid seven companies (listed at S.Nos.5 to 11 of the TPO's fin .....

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..... tantial 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 Court under Section 260-A of the Act, the Courts could have embarked upon such exercise of framing and answering such substantial question of .....

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