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TPO can select comparables in respect of which results aren't available in public domain

March 5, 2019[2019] 102 441 (Kolkata - Trib.)

IT/ILT : Restriction stipulated in rule 10D relating to selection of comparables whose results are not available in public domain is applicable only to auditor and not to TPO, who has an inherent power to make enquiry and collect and use information and material, which is found to be relevant for purpose of transfer pricing analysis in order to determine arm's length price of relevant international transactions entered into between AEs

IT/ILT : Where assessee was engaged in trading of medical equipments imported from AE, a company engaged in both manufacturing and trading activities of said equipments about which segmental details were not available, could not be accepted as comparable

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