(M.R. Shah and C.T. Ravikumar, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 22156/2022, decided on May 8, 2023
Pr. Commissioner of Income Tax Vi and Another ________ Petitioner(s);
v.
Subex Ltd. ______________________________________ Respondent.
(For Admission and I.R.)
Petition(s) for Special Leave to Appeal (C) No(s). 22156/2022 and ITA No. 492/2016
The Order of the court was delivered by
Order
1. The issue involved in the present Special Leave Petition is with respect to the transfer pricing. By passing the impugned judgment and order, the High Court has relied upon its earlier decision in the case of Principal Commissioner of Income Tax v. Softbrands India Pvt. Ltd., [ITA Nos. 536/2015 C/w. 537/2015 dated 25.06.2018]
2. At the outset, it is required to be noted that the decision of the Karnataka High Court in the case of Softbrands India Pvt. Ltd., (supra) fell for consideration before this Court in the recent decision of this Court in the case of SAP Labs India Private Limited v. Income Tax Officer, Circle 6, Bangalore 2023 SCC OnLine SC 449 [C.A. No. 8463/2022 and other allied Appeals decided on 19.04.2023]. Therefore, in view of the aforesaid decision in the case of Sap Labs India Private Limited (supra), the matter is now required to be remitted back to the High Court to decide the Appeal afresh in accordance with law and on its own merits and in light of the observations made by this Court in the case of Sap Labs India Private Limited (supra).
3. In that view of the matter, the impugned judgment and order passed by the High Court insofar as it relates to transfer pricing is hereby quashed and set aside. The matter is remanded back to the High Court to consider the issues/questions with respect to transfer pricing afresh in accordance with law and in light of the observations made by this Court in Sap Labs India Private Limited (supra).
4. The present Special Leave Petition stands disposed of in terms of the above.
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