Mere exclusion or inclusion of one or other comparable not constitute a question of law

PCIT Vs Evalueserve.Com Pvt. Ltd. (Delhi High Court) Appellant states that the ITAT has erred in excluding M/s Eclerx Services Pvt. Ltd, TCS E-Serve Ltd, BNR Udyog Ltd. and Excel Infoways Ltd as comparables for determining arm’s length price in the case of the respondent. It is settled law that exclusion or inclusion of one or other comparable would by itself not constitute a question of law unless it is shown that there are important functional dissimilarities or vital material facts which go to the root of profitability or where other material circumstances are involved. A perusal of the i...