2018 (4) TMI 1510

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....llant. Mr. Vikas Srivastava, Mr. Mayank Aggarwal, Mr. Atul Nanawat and Ms. Kanika Jain, Advs. For The Respondent. ORDER Admit. Issue notice. Mr.Vikas Srivastava, Adv accepts notice of the appeal. With the consent of the counsel for the parties, the appeal was heard finally. Following question of law arises for consideration : "Did the Tribunal (ITAT) fall into error in excludi....

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....pital Investment Advisors (India) Pvt. Ltd. Vs. Dy. Commissioner of Income Tax, (2015) 376 ITR 183 (Delhi)], the question of functional similarity was gone into and the ITAT rendered elaborate findings that Keynote Corporate Service Ltd. was entirely dis-similar. It is submitted that likewise in January, 2017, similar findings with respect to functional dis-similarity of Keynote Corporate Service ....

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....opriate findings year-wise on the issue of functional similarity. With respect to the inclusion of Motilal Oswal Investment Advisors Pvt. Ltd., the Tribunal was of the opinion that on the application of appropriate filter (of 25% profits as threshold) the entity had to be excluded since it returned more than that percentage of total expenditure. The Revenue's complaint is that in doing so, the ....