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| The Tax Publishers2021 TaxPub(DT) 0725 (Karn-HC) INCOME TAX ACT, 1961
Section 260A
Where revenue had not assailed the reasons assigned by the Tribunal to be perverse, no any material had been brought on record to indicate the perversity recorded by the Tribunal, no interference could be drawn with order passed by Tribunal being a question of fact involved having absence of perversity.
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Appeal (High Court) - Maintainability - Question of fact involved -
Revenue filed appeal against the order of Tribunal, excluding certain comparable-companies on the ground of functional dissimilarity even when the comparable-companies satisfied all the qualitative and quantitative tests applied by TPO. Held: From perusal of the order passed by the Tribunal, it was evident that the Tribunal had recorded the findings for exclusion of the companies by assigning cogent reasons. The revenue had not assailed the reasons assigned by the Tribunal to be perverse, no any material had been brought on record to indicate the perversity recorded by the Tribunal. The question raised is a question of fact and thus, cannot be interfered with in the absence of perversity.
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2007-08
IN THE KARNATAKA HIGH COURT
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