9911796707
TMI Blog2023 (1) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The margin in trading segment is 1.36% which is very less. The learned TPO therefore held that TTK healthcare limited is not comparable to the assessee/tested party and therefore it is finally excluded from the list of final comparables. After that the learned TPO computed the margin of comparables at 2.69% and also computed the margin of the assessee at 3.98%. He held that since the profit level indicator of the assessee is higher than the profit level indicator of the comparables the international transactions under discussion is at arm s length. TTK healthcare limited is not a good comparable and therefore is required to be excluded. Further on exclusion of this comparable the margins of the assessee is higher than the margin shown ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... information was already on the record. Despite this, the coordinate bench restored the matter back to the file of the learned AO/TPO. 03. Accordingly the coordinate bench accepted the arguments of the assessee and held that there is a mistake apparent on record while adjudicating this issue and therefore it was recalled to decide ground number one and two of the appeal. 04. Those Grounds are as under :- GROUND NO. 1: The Ld. DRP has erred in law and on facts in upholding the action of the Ld. AO/TPO of cherry-picking TTK Healthcare Limited (TTK Healthcare') as a comparable company without providing search process to the appellant, which is not permissible as per the Transfer Pricing Regulations. 2. GROUND NO. 2: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The margin in trading segment is 1.36% which is very less. The learned TPO therefore held that TTK healthcare limited is not comparable to the assessee/tested party and therefore it is finally excluded from the list of final comparables. After that the learned TPO computed the margin of comparables at 2.69% and also computed the margin of the assessee at 3.98%. He held that since the profit level indicator of the assessee is higher than the profit level indicator of the comparables the international transactions under discussion is at arm s length. 07. From the above order of the learned transfer pricing officer, it is apparent that TTK healthcare limited is not a good comparable and therefore is required to be excluded. Further on exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
