Etisalat Software Solutions Pvt. Ltd. v.Dy. CIT (2023)102 ITR 647 (Bang) (Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Selection of comparables-Turnover filter-Companies whose Turnover not within range of Rs. 200 Crores to Rs. 2,000 Crores-Company having abnormally high margin-Not functionally Comparable to be excluded.

Held that companies whose turnover was not within the range of Rs. 200 crores to Rs. 2,000 crores were to be excluded from the list of comparables.

 That the margin declared by the company  was abnormally high. Therefore, the Transfer Pricing Officer/Assessing Officer was to exclude the company from the list of comparables That the companies  were not functionally comparable to the assessee, and were to be excluded from the list of comparables.(AY.2017-18)