The Tribunal directed the inclusion of certain comparables and exclusion of others. The contention of the assessee that if the directions of the Tribunal for inclusion or exclusion of comparables was carried out by the Assessing Officer there would remain no basis for making any transfer pricing adjustments had not been controverted by the Department. In such a situation, no adjustment on the transfer pricing issue would subsist and there would be no question of penalty under section 271(1)(c) on such addition. Therefore the penalty under section 271(1)(c) was to be deleted.(AY.2011-12)