Transfer pricing adjustment on the ground of comparable...

Transfer pricing adjustment on the ground of comparable selection was held unsustainable where the TPO rejected four comparables proposed by the taxpayer without giving reasons, merely stating that the submissions were "not acceptable"; the AO/TPO was directed to include those four comparables in the final set. Working capital adjustment was denied by the TPO/DRP by relying on UN TP Manual/OECD guidelines and alleging lack of demonstration of impact; however, in view of Rule 10B(1)(e)(iii) and binding precedent, the AO/TPO was directed to allow working capital adjustment while recomputing the adjustment, subject to the taxpayer furnishing requisite details, and the ground was allowed for statistical purposes - ITAT

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