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2018 (8) TMI 199 - HC - Income TaxTPA - comparable selection of M/s. Dolphin Medical Services Pvt. - Held that:- Tribunal's finding that M/s. Dolphin Medical Services Pvt. Ltd., is to be included as a comparable to determine the ALP of the Respondent-Assessee, is a finding of fact. This finding of fact is not shown to be perverse in any manner. Risk adjustment - grievance of the Revenue is that no details were provided by the Respondent to the DRP on account of risk adjustment as claimed by it - Held that:- We find that the impugned order of the Tribunal itself records the fact that the necessary material in support of its claim was given by the Respondent to the DRP on 17th September, 2013 while the order of the DRP was passed on 31st December, 2013. This finding of fact by the Tribunal has not been shown to be incorrect. Locational advantage - TPO and DRP had enhanced the ALP by taking into account the locational advantage of the Respondent while determining the ALP on non-related transactions by comparable entities operating in India - Held that:- The Tribunal's finding is that the comparable selected to determine the ALP were entities operating in India just as the Assessee. Thus, the Tribunal by the impugned order has held that no adjustment of ALP on account of locational advantage is called for. This, as both the comparables as well as and the Respondent, are situated in India. Thus, no locational difference. Consequently, no locational advantage. Appeal admitted on the substantial question of law at (b) - Whether in law and on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled to get the benefit of section 10B of the Act, on the interest income derived?
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