Dismissing the appeal of the revenue the Court held that; the assessee had justified and explained why the independent transaction was disregarded as an internal comparable, for two reasons. Firstly, the transaction was of low value in comparison with transactions with associated entities. Secondly, it was a single transaction, whereas transactions with associated enterprises were continuous and based upon long-term business relationship. This factual position and distinction was undisputed. In view of the factual matrix, the explanation of the assessee was accepted as bona fide and that the assessee had exercised due diligence in selection of the method and comparables. It was in this context, that the Tribunal had taken a reasonable and considered view of the matter. The findings on the question of the explanation, bona fides and due diligence was a finding of fact. The deletion of penalty was justified. (AY. 2006 -07)