2018 (4) TMI 573

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..... hich go to the route of profitability or other material circumstances are involved. In the present case, the comparables as well as the assessee are all manufacturers of medical/surgical equipments and, therefore, inclusion of three comparables is based upon appreciation of findings of fact; they do not call for interference. The appeal is, therefore, dismissed. - ITA 48/2018, CM APPL. 1629/2018 .....

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..... CIT (A). 2. The assessee engages itself in the manufacturing and trading of medical devices and diagnostic equipments which included injection systems, insulin syringes, hypo syringes, hypo needles etc. It is a subsidiary of Becton Dickinson Mauritius Ltd. which in turn is a subsidiary of Becton Dickinson and Company, USA. The initial transfer pricing report filed by the assessee and relied upo .....

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..... rd, the Court is of the opinion that the concurrent findings in this case do not call for interference. The exclusion or inclusion of one or the other comparable would by itself not constitute a question of law unless it is shown that there are important functional dissimilarities or that vital material facts which go to the route of profitability or other material circumstances are involved. In t .....

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