Transfer Pricing Comparability: exclude functionally dissimilar comparable; recompute ALP and remit excise exemption capitality for AO verification.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Transfer pricing comparability was addressed by excluding Unik Techno Systems Pvt. Ltd. as a valid comparable because functional dissimilarity (manufacturer of battery-production machines versus assessee's activities) rendered it unsuitable; the AO/TPO is directed to recompute ALP without that entity. Separately, the appellate body admitted fresh grounds contending that an excise duty exemption may constitute a non taxable capital receipt and remitted that substantive issue to the assessing officer for factual verification of scheme intent, eligibility and amounts, treatment under normal provisions and AMT, and for fresh decision after affording the assessee opportunity to be heard.....