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PCIT v. Softbrands India P. Ltd ( 2018) 406 ITR 513 /168 DTR 185/ 303 CTR 695 (Karn)(HC), www.itatonline.org

S. 260A : Appeal – High Court -Transfer pricing – Substantial questions of law-Comparables- Arm’s length price- ‘Transfer Pricing Adjustments’ should become final with a quietus at the hands of the final fact finding body, i.e. the Tribunal. The ITAT’s findings of fact cannot be challenged in the High Court unless it is shown that the findings are ex-facie perverse and unsustainable and exhibit total non-application of mind by the Tribunal to the relevant facts of the case and evidence before it[ S.92C ]

Dismissing the appeal of the revenue the Court held that ; Transfer Pricing Adjustments on the basis of the comparables are a matter of estimate of broad and fair guess-work of the Authorities based on relevant material. The exercise of fact finding or ‘Arm’s Length Price’ determination or ‘Transfer Pricing Adjustments’ should become final with a quietus at the hands of the final fact finding body, i.e. the Tribunal. The ITAT’s findings of fact cannot be challenged in the High Court unless it is shown that the findings are ex-facie perverse and unsustainable and exhibit total non-application of mind by the Tribunal to the relevant facts of the case and evidence before it.  ( ITA.No.536/2015, dt. 25.06.2018) ( AY.2006 -07)

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