Where certain companies were rejected as comparables by the Tribunal on the ground that segmental information was not available and that the comparables were majorly involved in related party transactions, such findings of the Tribunal were findings of fact and no question of law arises from the same. Court also held that when the decision of High Court is available, remand is not justified . When additional evidence is produced first time before Appellate Tribunal remand is justified . (AY. 2011-12 ,2012-13)
Microsoft India (R&D) Pvt. Ltd. v. DCIT (2021) 431 ITR 483 /197 DTR 409 / 318 CTR 654 / 2023) 153 taxmann.com 199 (Delhi) (HC)/ Editorial ,SLP of Revenue dismissed ,PCIT v. Microsoft India (R&D) (P.) Ltd ( 2023) 294 Taxman 342 ( SC)/ PCIT v. Microsoft India (R And D) Pvt. Ltd. (2024) 464 ITR 587 (SC)
S. 92C : Transfer pricing – Arm’s length price – Rejection of comparables is a finding of fact- Appellate Tribunal – Decision of High Court is available – Remad is not justified – Additional evidence is produced -Remand is justified . [ S.92B, 254(1) ]