2018 (7) TMI 2128

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.... been admitted on 05.12.2017 to consider the substantial question of law formulated in the appeal memorandum, which reads thus: "Whether on the facts and in the circumstances of the case, the Tribunal was right in law in directing the assessing authority / transfer pricing officer to allow risk adjustment of 1% to the assessee as per prevailing norms by following its earlier decision in case of Intellinet Technologies P. Ltd., in ITA No.1237/Bang/2007 which has been challenged before this Hon'ble Court and even when no adjustment on account of risk is required to be allowed to assessee as per Rule 10(3)?" 3.The learned Tribunal has though passed a very brief order holding that the grounds of appeals raised by the appellant are m....

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....tage of risk adjustments to be calculated in this case. By means of guidance, it may be mentioned that in the case of DCIT Vs. Hello Soft Pvt. Ltd., [2013] 32 taxmann.com 101 [ITAT, Hyd] 1% adjustment to the average margin was provided towards risk differential. 4. We are of the opinion that Revenue's grounds are misconceived and hence we dismiss the same." 4.The controversy involved herein is no more res integra in view of the decision of this Court in I.T.A. Nos.536/2015 c/w 537/2015 dated 25.06.2018 [Prl. Commissioner of Income Tax & Anr. V/s. M/s.Softbrands India Pvt. Ltd.,], wherein it has been observed that unless the finding of the Tribunal is found ex facie perverse, the Appeal u/s. 260-A of the Act, is not maintainable.....