Held that the assessee has not produced relevant information of the Foreign AEs therefore Assessee itself is to be treated as the tested party. When the capacity utilization figures of the comparable are not available, ALP can be determined with gross profit margins only qua raw material cost to the exclusion of direct expenses. Turnover filter cannot be excluded on the facts of the case. Adjustment to be made at entry level only to the value of international transactions. (AY. 2014-15)
A Raymond Fasteners India (P) Ltd. v. Dy.CIT (2021) 208 DTR 407 (Pune)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Selection of comparables-Not produced relevant information of the Foreign AEs-Assessee itself is to be treated as the tested party-When the capacity utilization figures of the comparable are not available, ALP can be determined with gross profit margins only qua raw material cost to the exclusion of direct expenses-Turnover filter-Adjustment to be made at entry level only to the value of international transactions. [R. 10B(1)(e)]