2018 (7) TMI 481

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....Dy. Commissioner of Income Tax) for A.Y.2009-10. 2. The proposed substantial questions of law framed in the Memorandum of appeal by the Appellants-Revenue are quoted below for ready reference:- "(1) Whether on the facts and in the circumstances on the case, the Tribunal was right in excluding M/s. Bodhtree Consulting Ltd., from the list of comparables, holding that it is functionally different, without appreciating that the comparables satisfy all the qualitative and quantitative filters applied by the TPO and that selection of comparables in a case depends on assessee specific FAR analysis when decision in the case of M/s. Cisco Systems India) Pvt. Ltd., has not reached finality and not deciding the selection of comparables on ....

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....t the coordinate bench of this Tribunal in the case of Cisco Systems (India) Pvt. Ltd. in IT(TP)A No.271/Bang/2014  for Assessment Year 2009- 10  has  excluded  this  company  from  the list of comparables on the ground that since it is in  the business of software products  and engaged in providing open and end to end web solutions, software consultancy and design and development of software using latest technology, it  cannot be considered as comparable to a captive software service  provider; as is the assessee in the case on hand. At para 26.1 of its order the co- ordinate bench has held as under :- 6.4.2. Following the above decision of the co-ordinate bench  of &nbsp....

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....rdingly. Regarding substantial question of law No.3 - 9.2 We have heard both parties in the matter and perused and carefully considered the material on record; including the judicial pronouncement cited and  placed  reliance upon by the assessee. We find that the co- ordinate bench of the Tribunal in the case of Mindteck (India) Ltd. (supra) has considered the issue and  held as under at para 11 thereof:-                                                   :- 9....

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....d 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 law. On the other hand, the appeals of the present tenor as to whether th....