High Court dismissed the Department’s appeal from the order of the Tribunal contending that it had erred in excluding the three companies from the list of comparables, holding that no question of law arose. On a petition for special leave to appeal to the Supreme Court, SLP is dismissed,. Followed, CIT v. Microsoft India (R And D) Pvt. Ltd. (2023) 456 ITR251 (SC). (AY.2011-12, 2012-13)
PCIT v. Microsoft India (R And D) Pvt. Ltd. (2024) 464 ITR 587 (SC) Editorial : PCIT v. Microsoft India (R And D) Pvt. Ltd(2021) 431 ITR 483 (Delhi)(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Selection of comparables-Companies excluded by Tribunal after considering material on record-Finding of fact-SLP of Revenue is dismissed. [Art. 136]