Held that the assessee’s main activity was nothing but marketing activity, whereas all the ownership of the product, the power to determine whether to accept or reject the order and the pricing was with the associated enterprise. The assessee is  getting its percentage of the revenue from the receipts of the customers only for the marketing function. That foreign exchange gain was operating in nature as it pertained to business revenue of the assessee. It was to be considered in determining operating margin and treated as an item of operating revenue.  The Commissioner (Appeals) had not dealt with the findings of the Transfer Pricing Officer specifically as regards the actual functional profile of the assessee and had not brought out a speaking order regarding the transfer pricing study report analysis benchmarking the transactions. The Commissioner (Appeals) was not correct in holding that the grounds raised by the assessee on these issues were merely academic. The Commissioner (Appeals) is directed to  renadjudicate as per law and give specific findings.(AY.2015-16)