PCIT v. Evalueserve.Com Pvt. Ltd. (2023)453 ITR 8/ 292 Taxman 155/ 331 CTR 217/ 223 DTR 137 (SC) Editorial: CIT v. Evalueserve.Com Pvt. Ltd (2022) 444 ITR 674 (Delhi)(HC) is affirmed.

S. 92C : Transfer pricing -Arm’s length price – Reasoned order based on cogent reasons-Order of High Court affirmed -Question of law left open. [S. 136, 260A]

High Court dismissed the  Department’s appeal on the ground that  the Tribunal had given cogent reasons for excluding the four companies as comparables to determine the arm’s length price hence no question of law arose. On SLP by Revenue the Court held that considering the peculiar facts and circumstances of the case, there was no reason to interfere with the judgment of the High Court. The question of law is left open.  (AY. 2012-13)