2018 (8) TMI 2046

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....ng/2015dated 30.06.2016, relating to the Assessment Year 2010-11. 2.The appeal has been admitted on 09.01.2018 to consider the following substantial questions of law: "1.Whether on the facts and in the circumstances of the case, the Tribunal is right in law in confirming the direction of the DRP with regard to payment of Royalty to its associated enterprises whereby the DRP had set aside the TPO findings that Royalty payment cannot be allowed and therefore proposed an TP Adjustment under 92CA for sum of Rs. 127,32,50,000 by following its earlier order in the case of assessee which has not reached finality and even when the TPO had applied the test of benefit obtained by the assessee by receiving intangibles against the said paym....

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....ngth in paras 40 to 48 and conclusion of this finding in para 48 are as under: xxxxxxxxxx A similar view has been taken by the Tribunal for the Assessment Year 2007-08. Accordingly, we do not find any error or illegality in the directions of the DRP for this issue. Regarding Substantial Question of Law No.2: "12. We have heard the learned Authorised Representative as well as learned Departmental Representative and considered the relevant material on record. At the outset we note that an identical issue has been considered by this Tribunal in assessee's own case for the Assessment Years 2003-04, 2007-08 and 2008-09. We further note that the TPO for the Assessment Year 2012- 13 has accepted the man....

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.... this Court in ITA No.536/2015 C/w ITA No.537/2015 delivered on 25.06.2018 (Prl. Commissioner of Income Tax & Anr. Vs. M/s. Softbrands India Pvt. Ltd.,), wherein it has been held that unless an ex-facie perversity in the findings of the learned Income Tax Appellate Tribunal is established by the appellant, the appeal at the instance of an assessee or the Revenue under Section 260-A of the Act is not maintainable. The relevant portion of the said judgment is quoted below for ready reference: "Conclusion: 55. A substantial quantum of international trade and transactions depends upon the fair and quick judicial dispensation in such cases. Had it been a case of substantial question of interpretation of provisions of Double Tax....