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2017 (10) TMI 1471 - AT - Income TaxTPA - benefit of +/-5% range - HELD THAT:- On hearing both the parties on this issue, we direct the AO to give the effect to the adjustments eventually confirmed by the Tribunal and work out the range and decide the issue as per law. Accordingly, Ground No.13 raised by the assessee is allowed for statistical purposes. Incorrect computation of Transfer Pricing Adjustment’ to the manufacturing activity - assessee submitted that the manufacturing activity of the assessee consists of the sales and purchases involving international transactions with AEs and Non-AEs and AO/TPO/DRP erroneously benchmarked the transactions with the AE at the entity level ignoring the fact that the transactions with AEs are required to be benchmarked adopting the basis of proportionality - HELD THAT:- The principle of proportionality against Entity level benchmarking is approved in assessee’s own case in various years. Considering the settled nature of the issue by the orders of the Tribunal in assessee's own previous years we are of the view that Ground No.10 raised by the assessee is required to be allowed in favour of the assessee to maintain consistency and judicial discipline.
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