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2015 (6) TMI 35 - AT - Income TaxTransfer pricing adjustment - assessee has charged its Associate Enterprise at cost + 12% basis - assessee has considered TNM method to be the most appropriate method for benchmarking its transaction with AE with return on capital employed/operating profits as the appropriate PLI - selection of comparables - Held that:- The matter requires fresh adjudication at the level of the TPO considering the fact that assessee has not considered any company as comparable and the 2 companies selected by the TPO from the final list of 10 companies are involved in fraud for which the financial results cannot be considered as correct and reliable. The TPO, however, is at liberty to search for fresh comparables and determine the ALP of the international transaction carried out by the assessee for the impugned assessment year. While doing so, the TPO shall give due opportunity of being heard to the assessee and decide the issue as per fact and law. - Decided in favour of assesse for statistical purposes.
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