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of <h1>High Court dismisses Revenue's appeal under Income Tax Act 1961, emphasizing need for substantial legal questions.</h1> <h3>PRINCIPAL COMMISSIONER OF INCOME TAX-6, DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-6 (1) (2), BANGALORE Versus M/s. SOFTWARE AG BANGALORE TECHNOLOGIES PVT. LTD.</h3> PRINCIPAL COMMISSIONER OF INCOME TAX-6, DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-6 (1) (2), BANGALORE Versus M/s. SOFTWARE AG BANGALORE TECHNOLOGIES PVT. ... Issues:1. Appeal filed by the Appellants-Revenue under section 260A of the Income Tax Act, 1961.2. Consideration of substantial questions of law arising from the ITAT order for A.Y. 2010-11.Analysis:1. The first substantial question of law raised by the Revenue pertained to the direction given by the ITAT to the Transfer Pricing Officer (TPO) to consider the claim of risk adjustment. The ITAT's order highlighted that since the TPO had already worked out the working capital adjustment and not accepted the assessee's claim, the principle of consistency required the consideration of risk adjustment as well, subject to the assessee providing relevant details. The court emphasized the need for the TPO to consider the risk adjustment, even if there was no initial working provided by the assessee, to maintain consistency in the assessment process.2. The second substantial question of law raised by the Revenue involved the ITAT's decision on adjustments to comparables margins. The ITAT's order referenced a similar case from the Hyderabad Bench and concluded that negative working capital adjustment was not justified in the case at hand. However, a recent judgment highlighted that appeals under section 260A of the Act should only be entertained if there is an ex-facie perversity in the ITAT's findings. The court emphasized that issues related to comparables selection and application of filters do not necessarily give rise to substantial questions of law. The judgment clarified that dissatisfaction with the ITAT's factual findings alone is not sufficient to invoke section 260A.In conclusion, the High Court dismissed the appeal filed by the Appellants-Revenue, stating that no substantial question of law arose in the case. The court reiterated that the mere dissatisfaction with the ITAT's findings is not a valid reason to invoke section 260A. The judgment emphasized the need for substantial questions of law to be based on interpretations of legal provisions or significant issues like treaty interpretations or BEPS, rather than factual disagreements on comparables selection.
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