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The case of the assessee is that since the definition of the TPO has no reference to the Addl. CIT, which position is further fortified by the fact that at the material time only the Jt. CIT and below were competent to be nominated so, the order passed in the case of the assessee by the Addl. CIT is bad in law. The first and the foremost thing which comes out of the definition of the TPO, as has been rightly stated by the learned Authorised Representative as well, that the same is exclusive and hence cannot be stretched by implication. Going by the mandate of the definition, in so far as we are concerned, it is vivid that the reference is to Jt. CIT and not the Addl. CIT. Though the argument of the assessee looks attractive at the first flush, but loses its shine on an in-depth scrutiny.

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Section 92CA of the Income Tax Act, 1961 — Transfer Pricing — Computation of arms length price— TPO was justified in discarding the assessee's version and determing the ALP in his own way as assessee having failed to produce the financials of the tested parties and the companies chosen as comparable and produced only some certificate from the AE. Profit on sales made in india to non AEs cannot be accepted as a comparable instance for determining the ALP of the international transactions including exports made to the AEs in Brazil and USA for lack of the provision by the assessee of any data offloading the effect of such geographical difference in the profit margins — Eaton Industrial Systems P. Ltd. vs. Deputy Commissioner of income tax [2020] 203 TTJ (Pune) 1

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