The Tribunal, in the present case, where the turnover of the assessee was compared with companies having substantially higher turnovers and by leaving out companies with lesser turnovers, introduced an upper limit for the turnover of the comparables. The Transfer Pricing Officer had excluded companies having turnover of less than Rs.1 crore, but he had not put an upper limit to the turnover for exclusion of companies having high turnover. Companies having very high turnover could not be compared to the assessee, whose turnover was only Rs. 42.56 crores. The turnover of IL was Rs. 43,300 crores, which was a thousand times more than the turnover of the assessee. Therefore, IL could not be compared to the assessee. Hence, the authorities were directed to exclude IL from the list of comparables. The other companies sought to be excluded on the turnover filter were restored to the Transfer Pricing Officer who was to verify the turnover of those companies and exclude them from the list of comparables if the turnover of each company exceeded Rs. 200 crores for the relevant. (AY. 2015-16)
Arista Networks India P. Ltd. v. Dy. CIT (2022)96 ITR 505 (Bang) (Trib)
S. 92C : Transfer pricing-Arm’s length price-Comparables-Software Development Service Provider-Companies having turnover in excess of Rs. 200 Crores not comparable-Companies having multiple segments cannot be compared with captive service providers. [S.92CA]