Sec. 92C of Income Tax Act, 1961—Transfer Pricing—The statute, for the relevant year, did not at all provide an acceptance of the invoiced price on any count and not at all on the ground that the difference between the invoiced price and the ALP determined not exceeding 5% and the mitigation provided by the CBDT is on the proviso introduced by the Finance Act, 2001 and same cannot be applied to the proviso introduced by way of substitution, by the Finance Act, 2002. The substituted proviso, which applied from 01.04.2002 erased the earlier proviso from the statute totally and it granted an option to the assessee; but only insofar as adopting one of the prices from which the average price is determined; that too in cases of more than one price being determined under the most appropriate method — TORRY HARRIS SEA FOODS P. LTD. Vs. DEPUTY CIT [2020] 421 ITR 555 (KER)