Tribunal held that rule 10B permits to aggregate comparable uncontrolled transactions for determining ALP, however, it does not permit to aggregate international transactions carried out by assessee to work out average price for purpose of comparison. Once comparable company becomes AE of assessee in year under consideration, then such company cannot be considered as comparable. (AY. 2010-11)
Lonsen Kiri Chemical Industries Ltd. (2020) 185 ITD 753 (2021)198 DTR 257/ 210 TTJ 99 (Ahd.)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Rule 10B permits to aggregate comparable uncontrolled transactions for determining ALP, however, it does not permit to aggregate international transactions carried out by assessee to work out average price for purpose of comparison-Once comparable company becomes AE of assessee in year under consideration, then such company cannot be considered as comparable. [S. 92A(2), R.10B]