(M.R. Shah and C.T. Ravikumar, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 3714/2023, decided on February 17, 2023
Principal Commissioner of Income Tax 3 _______________ Petitioner;
v.
Evalueserve.com Pvt. Ltd. __________________________ Respondent.
(IA No. 25686/2023-Condonation of Delay in Filing and IA No. 25687/2023-Exemption From Filing C/C of the Impugned Judgment)
Petition(s) for Special Leave to Appeal (C) No(s). 3714/2023; ITA No. 127/2022; IA No. 25686/2023; and IA No. 25687/2023
The Order of the court was delivered by
Order
1. Delay condoned.
2. We have heard the learned counsel appearing for the respective parties.
3. In para 4, the High Court has observed and held as under:—
“A perusal of the impugned order reveals that the ITAT has given cogent reasons for excluding the aforesaid four companies as comparables.”
4. In that view of the matter and in the peculiar facts and circumstances of the case, we see no reason to interfere with the impugned judgment and order passed by the High Court.
5. The Special Leave Petition stands dismissed.
6. However, the question of law on the powers of the High Court to consider the findings recorded by the Transfer Pricing Officer and/or the ITAT are kept open. The present Special Leave Petition is considered on the peculiar facts of the case and the question of law on the aforesaid is kept open.
7. With this, the Special Leave Petition stands dismissed.
8. Pending application stands disposed of.
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