Dismissing the appeal of the Revenue the Court held, that the Tribunal was right in excluding ATPL I-Gate and Infosys on the ground that an extraordinary financial event had occurred rendering them unfit comparable to determine the arm’s length price. The services offered by TCS International could not be used as comparable, since the assessee was admittedly, in the business of information technology enabled services, business process outsourcing and financial support services. For each of these services that the assessee offered, it purchased proprietary software and did not develop, maintain and update its own software for the use of customers. Order of Tribunal is affirmed.  (AY.2010-11)