Court Rules Loss-Making Companies Can Be Relevant for Transfer Pricing Comparisons Despite Industry Loss Trends.

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....TP adjustment - Comparable selection - if finances of the three comparables with reference to their respective annual reports, did show that there was a general trend in the industry of either loss-making or declining revenues and there was no dispute on the functional profile of the Assessee being similar with comparable then loss making companies should not be excluded only on that basis....