THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.717 of 2014 DATED:23.12.2014 Between:
Commissioner of Income Tax-II, Hyderabad.
And M/s. Knoah Solutions Private Limited, Hyderabad.
… Appellant ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.717 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal is sought to be preferred and admitted against the judgment and order of the learned Tribunal dated 25.4.2014 by the Revenue in relation to the assessment year 2007-2008 on the following suggested question of law:
1. In the facts and circumstances of the case, whether the Hon’ble Tribunal (ITAT) is correct in law in upholding the directions to exclude four (4) companies i.e., Infosys BPO Limited and three (3) other companies from the comparables for the determination of Arms Length Price (ALP) of the international transactions of the Respondent-assessee ?
The learned Tribunal, it appears, on the issue raised above, has on fact, found that comparable instances are acceptable. Therefore, we do not substitute our appreciation of fact.
The appeal is accordingly dismissed. No order as to costs.
K.J. SENGUPTA, CJ 23rd December, 2014 SANJAY KUMAR, J Pnb