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2019 (4) TMI 1476 - AT - Income TaxInternational transaction u/s 92CA(3) - ALP of international transaction as determined by TPO - Selection of comparable - HELD THAT:- On both the counts, segmental results of the associated segment are better than Non-AE segment, and internal benchmarking analysis under the segmental results prepared using the valid allocation key is justified. On careful analysis of the decision of the CIT(A) we find that he has given a valid reasons for accepting the segmental results. There is an answer in the order of the learned CIT(A) which cannot be dislodged without having any factual infirmity in the same. On reading the transfer pricing study report prepared by the assessee, it is mentioned that assessee incurred marketing expenses only for procuring business from Non AE customers without giving any finding that such is not the fact the factual statement cannot be ignored. Further, TPO also did not state what is the difference between the functions performed, assets deployed and risk assumed by the assessee in its transactions with AE and Non-AE customers. The TP Study report of the assessee states that ther is no such functional dissimilarity. Same is also the finding of ld CIT(A) which is also not controverted before us. Regarding allocation keys adopted by assessee, ld TPO has not stated that how same are incorrect. Therefore, there is no infirmity in the order of the learned CIT(A) we confirm the same. Appeal of revenue dismissed. Appeals of subsequent years are also dismissed being identical to the facts.
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