VidhiSangh

Supreme Court of India · 19/04/2023

SAP LABS INDIA PRIVATE LIMITED versus INCOME TAX OFFICER, CIRCLE 6, BANGALORE

[2023] 4 S.C.R. 430 · 2023 INSC 394

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Summary

In a batch of appeals, mostly by the Revenue, High Courts had dismissed appeals under Section 260A of the Income Tax Act against the Tribunal's determination of arm's length price in transfer pricing matters, following PCIT v. Softbrands India, on the footing that the Tribunal is the final fact-finding authority and no substantial question of law arises unless perversity is pleaded and demonstrated. The Supreme Court held that there is no absolute proposition that the Tribunal's determination is final: the High Court may always examine whether the guidelines in Chapter X of the Act and Rules 10A to 10E were followed, whether comparables and filters were selected judiciously, and whether the findings are perverse, perversity itself being a substantial question of law. All the judgments were set aside and the appeals remitted.

Issues

  1. Whether the determination of arm's length price by the Income Tax Appellate Tribunal in transfer pricing matters attains finality so that the High Court is precluded from examining it in an appeal under Section 260A of the Income Tax Act, 1961.

Provisions considered

Held

Result

All appeals allowed; the judgments of the respective High Courts dismissing the Revenue's and the assessees' appeals quashed and set aside; matters remitted to the respective High Courts to decide the appeals afresh, examining in each case whether the guidelines under the Act and Rules were followed in determining the arm's length price and whether the Tribunal's findings are perverse, preferably within nine months. No costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 430.