Entities with functional dissimilarity to be excluded from comparables lists for ALP determination

IT/ILT : Where TPO in course of transfer pricing proceedings, made certain adjustment to ALP determined by assessee, in view of fact that comparables selected by TPO owning software products and undertaking R&D command a premium return as compared to any routine contract software development service provider like assessee, they could not be accepted as comparables, and, consequently, impugned adjustment was to be set aside