TaxTMI 
TaxTMI 
2018 (8) TMI 2057
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....relating to the Assessment Year 2007-08. 2. The substantial questions of law framed by the Revenue in the Memorandum of Appeal are as under: "1. Whether, the Tribunal, on the facts and in the circumstances of the case, the Tribunal is right in law in rejecting the comparables such as Accel Transmatic Ltd, Avani Cimcom Technologies Ltd, Celestial Labs, E-Zest solutions Ltd, Ishir Infotech Ltd, Kals Information Systems Ltd, Thirdware Solutions Ltd and other comparables on the ground of functional dissimilarity by relying on its earlier orders which has been challenged before this Hon'ble Court and even when the TPO had rightly chosen the said comparison after applying all the required tests in accordance with the provisions of the Act? 2)....
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....te bench. After exclusion of the comparables as directed by us, the A.O./TPO is directed to recomputed the ALP by considering the remaining 8 comparables and correct margin in respect of Mega Soft Ltd. Needless to say the benefit under proviso to section 92 C shall be considered." Regarding Substantial Question of law No.2: "23. We have considered the rival submissions as well as the relevant material on record. There is not dispute that for the year under consideration the assessee did not claim the deduction in respect of the payment made to the parent company on account of Employees Stock Option and compensation. However we find that an identical issue has been considered in assessee's own case for the Assessment Year 2008-09 and it w....
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....f 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 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 cou....