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2017 (6) TMI 1084 - BOMBAY HIGH COURTTPA - selection of comparable - Held that:- Assessee is a company engaged in the business of marketing, manufacturing, sales and services of weighing equipments. It has carried out international transaction with its associate enterprises for purchase of goods, import of finished goods and other services. The assessee had selected one company namely Avery India Ltd. as a comparable company to benchmark its international transaction by applying TNMM as most appropriate method. Respondent has computed the profit margin of the comparable by using profit level index at 5.45%. The Assessing officer had considered the operating margin at 9.60% and addition of ₹ 58,57,133/were made to the purchase made by the assessee. The assessee had calculated its operating margin at 6.18 %. Even the operating margin calculated by the TPO is considered as 9.60%, the same comes within the ambit and purview of arm's length. The Commissioner of Income Tax (Appeals) and the Tribunal has considered the said aspect in a plausible manner.Naturally this appeal has to be considered on the substantial questions of law. The grounds which were never agitated before the Commissioner of Income Tax (Appeals) and the Tribunal and those grounds based on the facts, cannot be agitated in the present appeal. No substantial question of law
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