The Commissioner Of Income Tax -I, v. M/S. Cbay Systems Pvt. Ltd.,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SMT JUSTICE ANIS I.T.T.A.No. 110 of 2016 JUDGMENT: (Per VRS,J) The Revenue has come up with this appeal under Section 260A of the Income Tax Act, 1961, raising the following substantial question of law:

"Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the CUP method is the most appropriate method, without appreciating the fact that the TPO has rightly adopted TNMM method by taking into account the parameters set out under Rule 10C(2) of IT Rules, 1962?"

Mr. J. V. Prasad, learned senior standing counsel for the Income Tax Department, appearing for the appellant, brought to our notice a copy of the order, dated 31.12.2014, passed by this Court in I.T.T.A.No.731 of 2014, where the very same question, which was one of the two questions raised for consideration, was decided against the Revenue. Therefore, following the same, this appeal is also dismissed.

Consequently, miscellaneous petitions if any pending in the appeal shall stand dismissed. No order as to costs.

__________________________ V. RAMASUBRAMANIAN, J ____________________ ANIS, J.

2nd August, 2016 cbs

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN Ö AND THE HON'BLE SMT JUSTICE ANIS

I.T.T.A.No.110 of 2016 (Per VRS,J) 2nd August, 2016 cbs