PRINCIPAL COMMISSIONER OF INCOME TAX-4 vs. M/S METRICSTREAM INFOTECH (INDIA)

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ITA/461/2019HC KarnatakaKAHC01023550201923 September 2024Bench: S.G.PANDIT,C.M. POONACHA5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal with liberty to the revenue to revive it if it falls within exceptions under the circulars. The substantial questions of law were kept open for adjudication in an appropriate proceeding.

What were the facts?

The Revenue appealed against an ITAT order concerning the assessment year 2013-14. The assessee argued that the appeal should not be entertained due to a low tax effect, citing CBDT Circular No. 09/2024.

What were the issues?

Whether the ITAT order was correct in excluding comparables for transfer pricing analysis and whether the appeal should be entertained based on tax effect limitations.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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NC: 2024:KHC:39239-DB ITA No. 461 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA INCOME TAX APPEAL NO. 461 OF 2019 BETWEEN:

1.

PRINCIPAL COMMISSIONER OF INCOME TAX -4 BMTC COMPLEX, KORAMANGALA BENGALURU

2.

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -4(1) (2), BMTC COMPLEX , KORAMANGALA , BENGALURU …APPELLANTS (BY SRI. SANMATHI E I.,ADVOCATE)

AND:

M/S METRICSTREAM INFOTECH (INDIA) PVT. LTD. AMR TECH PARK, 4B, NO. 23 and 24, HONGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU - 560068 PAN - AACCM4991K …RESPONDENT (BY SRI. NARENDRA KUMAR J JAIN.,ADVOCATE)

THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO SET ASIDE THE APPELLATE ORDER DATED 27.02.2019 PASSED BY THE INCOME-TAX APPELLATE

Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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NC: 2024:KHC:39239-DB ITA No. 461 of 2019

TRIBUNAL, ‘C’ BENCH, BENGALURU IN IT(TP)A.No.2735 /BANG/2017 (ANNEXURE-A) FOR ASSESSMENT YEAR 2013-2014 AS SOUGHT FOR IN THIS APPEAL, AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE AND ETC.,

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Heard the learned counsel Sri.Sanmathi E.I., for appellants/Revenue and learned counsel Sri Narendra Kumar J. Jain, learned counsel for the respondent/assessee.

2.

The Revenue is in appeal under Section 260-A of the Income Tax Act, 1961 (for short, ‘the Act’) questioning the correctness and legality of order dated 27.02.2019 passed by the Income Tax Appellate Tribunal, ‘C’ Bench, Bengaluru (for short, ‘Appellate Authority’) in IT(TP) A No.2735/Bang/2017 for the assessment year 2013-14, raising the following substantial questions of law:

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NC: 2024:KHC:39239-DB ITA No. 461 of 2019

1.

Whether on the facts and circumstances of the case and in law, the Tribunal correct in holding that Larsen and Toubro Infotech Ltd and Persistent Systems Ltd cannot be taken as comparable holding that these companies are functionally dissimilar ignoring the materials brought on record by Transfer Pricing Officer?

2.

Whether on the facts and circumstances of the are and in law, the Tribunal’s order can be said as perverse in nature as Tribunal has ignored material evidences and has only followed previous orders without appreciating that Transfer Pricing Officer has applied required tests as prescribed in Rules?

3.

Whether in the facts and circumstances of the case and in law, the Tribunal was right in excluding certain comparable’s without considering the materials brought on record by Transfer Pricing Officer?

4.

Whether on the facts and circumstances of the case in law, the Tribunal was right in not acknowledging that determination of ALP by carrying out comparability analysis of the comparable companies is an art and not exact

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NC: 2024:KHC:39239-DB ITA No. 461 of 2019

science as no two companies are exactly same?

5.

Whether on the facts and circumstances of the case and in law, the Tribunal was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination of ALP under the Act? 3. Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.2 Crores and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes. It is also submitted that the aforesaid Circular binds the revenue.

4.

On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the appeal in case the matter falls within the exceptions under the aforesaid Circular dated 17.09.2024 and Circular No.5/2024 dated 15.03.2024.

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NC: 2024:KHC:39239-DB ITA No. 461 of 2019

5.

In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. However, the question of law is kept open to be adjudicated in an appropriate proceeding.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (C.M. POONACHA) JUDGE

BS List No.: 1 Sl No.: 61

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