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Since it provided captive service to its foreign principal which was its Associated Enterprise (AE), the Assessee furnished a transfer pricing study including a set of 8 comparables with an average profit margin of 14.34% on costs. Thus the margin earned by the Assessee at 15.95% on total costs was treated as being at arm's length. The comparables engaged in IT Enabled Services (‘ITES") were treated as comparables irrespective of the verticals i.e. industries to which it caters by horizontals (functional lines like back office operations, medical transcription etc).

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Section 92CA of the Income Tax Act, 1961 — Transfer Pricing — Computation of arms length price — Selection of comparables — Large companies and functionally distinct with different areas of development and services cannot be benchmarked or equated with assessee, thus, excluded from the list of comparables —Principal Commissioner of income tax vs. Symphony Marketing Solutions India P. Ltd. [2019] 417 ITR 289 (Delhi)

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