TP: Mere dispute on exclusion / inclusion of comparables to determine ALP not necessarily give rise to substantial questions of law

Pr. CIT Vs M/s TIBCO Software (India) Pvt Ltd (Bombay High Court)

Any inclusion or exclusion of comparables per se cannot be treated as a question of law unless it is demonstrated to the Court that the Tribunal or any other lower authority took into account irrelevant consideration or excluded relevant factors in the ALP determination that impact significantly.

The findings and conclusions cannot be termed as perverse or vitiated by error of law apparent on the face of the record. In fact, in our limited jurisdiction, we cannot re-appreciate and reappraise the same factual f

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