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High Court of DelhiITA/286/2017

Principal Commissioner Of Income Tax - 8 v. St Microelectronics Pvt. Ltd.,

2017-05-12Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Chander Shekhar2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 286/2017 PRINCIPAL COMMISSIONER OF INCOME TAX - 8..... Appellant Through:

Mr. Sanjay Kumar and Mr. Dileep Shivpuri, Advocate versus ST MICROELECTRONICS PVT. LTD.

..... Respondent Through:

Mr. Aditya Vohra, Advocate CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR

O R D E R

% 12.05.2017 CM No. 14172/2017 (for delay)

1. For the reasons stated in the application, the delay of 23 days in filing the appeal is condoned. The application is allowed. ITA 286/2017

2. This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 22nd June, 2015 passed by the Income Tax Appellate Tribunal ('ITAT') in IT (TP) A No. 1394/B/2014 pertaining to Assessment Year 2006-07.

3. The question sought to be urged by the Revenue concerns the exclusion of two comparables for the purposes determining the arm's length price of international transactions involving the Respondent/Assessee.

4. Having heard learned counsel for the Revenue, the Court does not find any substantial question of law arising from the impugned order of the ITAT ITA 286/2017

which requires examination. While reserving the right to raise such issue in an appropriate case, the appeal is dismissed. S.MURALIDHAR, J CHANDER SHEKHAR, J MAY 12, 2017/b ITA 286/2017