Itta/717/2014 Of Commissioner Of Income Tax-Ii v. M/S Knoah Solutions Private Limited

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.717 of 2014 DATED:23.12.2014 Between:Commissioner of Income Tax-II,Hyderabad.And … Appellant M/s. Knoah Solutions Private Limited,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.717 of 2014 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred and admitted against thejudgment and order of the learned Tribunal dated 25.4.2014 by theRevenue in relation to the assessment year 2007-2008 on thefollowing suggested question of law: 1. In the facts and circumstances of the case, whether theHon’ble Tribunal (ITAT) is correct in law in upholding thedirections to exclude four (4) companies i.e., Infosys BPOLimited and three (3) other companies from the comparables forthe determination of Arms Length Price (ALP) of the internationaltransactions of the Respondent-assessee ?Hon’ble Tribunal (ITAT) is correct in law in upholding thedirections to exclude four (4) companies i.e., Infosys BPOLimited and three (3) other companies from the comparables forthe determination of Arms Length Price (ALP) of the internationaltransactions of the Respondent-assessee ? The learned Tribunal, it appears, on the issue raised above, hason fact, found that comparable instances are acceptable. Therefore,we do not substitute our appreciation of fact. The appeal is accordingly dismissed. No order as to costs. __________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J 23[rd] December, 2014 Pnb