Tribunal held that ; high profit or loss alone cannot be a criteria for inclusion or exclusion of an entity. Employee cost at 25 Per cent. relevant factor for selecting comparables .Exclusion of companies on ground of diminishing revenue and different financial Year. Companies Engaged In Software Product Development cannot be compared to assessee . Companies owning intangibles or intellectual property rights cannot be compared to one that does not have intangibles ,such companies to be excluded from list of comparables. ( AY. 2008 -09)