Dismissing the appeal of the revenue the Court held that entities which are functionally different cannot be comparable . Accordingly the exclusion six comparables by the Tribunal was held to be justified .
PCIT v. Evalueserve Sez (Gurgaon) (P) Ltd. (2018) 164 DTR 297/302 CTR 172 (Delhi)(HC)
S.92C: Transfer pricing -Arms’ length price- Functionally different -Exclusion of six comparables by the Tribunal by the Tribunal was held to be justified .