2023 (7) TMI 1611

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.... For the Appellant : Mr. Suresh Kumar For the Respondent : Mr. Sanjiv M. Shah a/w Ms. Rutuja N. Pawar ORDER 1. The following four substantial questions of law are proposed in the appeal. QUESTION OF LAW a. Whether on the facts and circumstances of the case and in law, the Tribunal was correct in holding that the TP adjustment should be proportionately to the value of internat....

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....t in the case of Fire Stone International Pvt. Ltd. vide its order dated 16/08/2016? c. Whether on the facts and circumstances of the case and in law, the Tribunal is not justified in granting adjustment for Risk Differences without considering the provisions of Rule 10B(e)(iii) of the Income Tax Rules? d. Whether on the facts and circumstances of the case and in law, the Tribuna....

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....al remitting the matter to the Assessing Officer (A.O.) to allow the risk adjustment margin and recompute the comparable raises a substantial question of law because Rule 10B(e)(iii) of the Income Tax Rules, 1962 (the Rules) do not provide for any adjustment for risk difference. Relying upon the judgment of the Hon'ble Apex Court in SAP Labs India Private Limited vs. Income Tax Officer, Circle 6, ....