https://www.taxtmi.com/caselaws?id=456075 ITAT Pune held that in transfer pricing benchmarking using TNMM method, comparables engaged in both software services and product sales must be excluded when segmental details are unavailable. Two companies (Cybermate and Cybercom) were excluded as they provided services and sold products without separate segment data. The Tribunal ruled that companies cannot be excluded merely for losses in one year unless persistently loss-making, following Bombay HC precedent. Comparables must have same financial year as assessee. After excluding inappropriate comparables, assessee's margins fell within +/-5% range of remaining comparables. Appeal partly allowed. en-us Fri, 09 Mar 2018 00:00:00 +0530 Tue, 25 Jun 2024 19:48:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456075 ITAT Pune held that in transfer pricing benchmarking using TNMM method, comparables engaged in both software services and product sales must be excluded when segmental details are unavailable. Two companies (Cybermate and Cybercom) were excluded as they provided services and sold products without separate segment data. The Tribunal ruled that companies cannot be excluded merely for losses in one year unless persistently loss-making, following Bombay HC precedent. Comparables must have same financial year as assessee. After excluding inappropriate comparables, assessee's margins fell within +/-5% range of remaining comparables. Appeal partly allowed. Case-Laws Income Tax Fri, 09 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456075