Held that in the information technology enabled services segment, ACTL and ITL were to be excluded from the list of comparables owing to their functional dissimilarity with the assessee. The case of company JSL was restored to the file of the Transfer Pricing Officer to recompute its correct average margin. That in the business support services segment, the case of companies FCHL and FCIAL were remanded to the file of the Transfer Pricing Officer : the former for verification of the related-party transactions before deciding on comparability with the assessee and the latter for recomputation of the margins in terms of the above instructions of the Dispute Resolution Panel. (AY.2010-11)
Eaton Technologies P. Ltd. v. ACIT (2021) 91 ITR 36 (Pune)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Selection of comparables-comparables functionally dissimilar or involved principally in on-site development to be excluded-where average margin or segmental information not available, matter remanded for recomputation.