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TMI Blog2018 (7) TMI 2198X X X X Extracts X X X X X X X X Extracts X X X X ..... No.1628/Bang/2014 (The Deputy Commissioner of Income tax vs. M/s. Software AG Bangalore Technologies Pvt. Ltd.,) for A.Y.2010-11. 2. This appeal has been admitted on 11.10.2017 to consider the following substantial questions of law framed by the learned counsel for the Appellants-Revenue:- "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in directing the TPO to consider the claim of risk adjustment even when there is no reliable method to convert the qualitative difference into quantitative difference and to make adjustment on account of risk level?. 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in taking different stands on adjustments to comparables margin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d substantial question of law raised by the Revenue is concerned, learned counsel for the Revenue submitted that the learned ITAT in its Order dated 31.03.2016 has given the findings, the relevant portion of which is quoted below for ready reference:- "15. Having considered the rival submissions and on careful perusal of the record, we find that the Hyderabad Bench of the Tribunal in the case of Adaptec (India) P. Ltd. (supra) has considered identical issue in paras 10 & 11 as under:- xxxxxxxxxxxxxx 16. There is no allegation in the case of the assessee that the assessee has used any borrowed fund for working capital or there is any risk of money lost in credit time provided to the customers. Accordingly, following the order of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng such substantial question of law. On the other hand, the appeals of the present tenor as to whether the comparables have been rightly picked up or not, Filters for arriving at the correct list of comparables have been rightly applied or not, do not in our considered opinion, give rise to any substantial question of law. 56. We are therefore of the considered opinion that the present appeals filed by the Revenue do not give rise to any substantial question of law and the suggested substantial questions of law do not meet the requirements of Section 260-A of the Act and thus the appeals filed by the Revenue are found to be devoid of merit and the same are liable to be dismissed. 57. We make it clear that the same yardsticks and paramet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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