M/S. Rotork Controla India (P) Ltd vs Commnr. Of Income Tax, Chennai on 12 May, 2009
2. As regards Question Nos. (a), (b) and (d) Mr. Suresh Kumar
states that they are already covered. Question Nos. (a) and (b) are covered
by the recent order of this court passed on 28 th June 2023 in Income Tax
Appeal No. 414 of 2018. Question No. (d) is covered by judgment of the
Hon'ble Apex Court in Rotork Controls India (P). Ltd. vs. Commissioner of
Income Tax, Chennai1. That would leave Question No. (c). Mr. Suresh
Kumar submitted that the tribunal remitting the matter to the Assessing
Officer (A.O.) to allow the risk adjustment margin and recompute the
comparable raises a substantial question of law because Rule 10B(e)(iii) of
the Income Tax Rules, 1962 (the Rules) do not provide for any adjustment
for risk difference.