Affirming the order of the Tribunal the Court held that in case of assessee company providing software development services to its AE, a company engaged in software product development and product design services whose segmental details of revenue generated from its services were also not available, could not be accepted as valid comparable.  Company having considerable brand value and turnover which was 24 times that of turnover of assessee, was not acceptable as comparable.  Company which had significant intangible assets owned by it as compared to assessee, could not be held to be a valid comparable.  Company which had undergone business restructuring process during relevant year, could not be accepted as comparable. Extraordinary event of amalgamation took place which resulted in a higher OP by TC margin, could not be accepted as valid comparable. Company which developed its own web based software by which it provided niche services to its customers, could not be accepted as comparable on account of functional difference. Company which had huge brand value resulting in higher operating profits was not acceptable as a valid comparable.  Business of BPO service and providing high-end technology services such as software testing, verification and validation of software could not be accepted as comparable with assesse company engaged in providing information technology and IT enabled services. since assessee had filed additional evidence wherein voluminous details was filed indicating that assessee was engaged in software development, as well, matter was to be remanded. (AY. 2010-11)