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KEY FINDINGS OF SC
from #TaxmannPPT | How to Handle Transfer Pricing Litigation – Post Supreme Courts' Decision in SAP Labs
by Taxmann
The Supreme Court reversed the decision of Karnataka High Court and held as follows:
• Even the High Court can also examine the question of comparability of two companies or selection of filters and examine whether the same is done judiciously and on the basis of the relevant material/evidence on record.
• SC quashed HC Orders and matters remitted back to HC. HC to dispose the cases within 9 months from receipt of the copy of SC Order.
• SC did not enter into merits of the cases.
• Post SC decision, the person filing appeal before the High Court will have to demonstrate that the Tribunal’s decision is not in accordance with the provisions of the Act or Rules, to get the appeal admitted.
