(2)A data set shall be constructed by placing the prices referred to in sub-rule (1) in an ascending order and the arm's length price shall be determined on the basis of the dataset so constructed:Provided that in a case referred to in clause (i) of sub-rule (5) of rule 10B, where the comparable uncontrolled transaction has been identified on the basis of data relating to the current year and the enterprise undertaking the said uncontrolled transaction, not being the enterprise undertaking the international transaction or the specified domestic transaction referred to in sub-rule (1), has in either or both of the two financial years immediately preceding the current year undertaken the same or similar comparable uncontrolled transaction then,-(i)the most appropriate method used to determine the price of the comparable uncontrolled transaction or transactions undertaken in the aforesaid period and the price in respect of such uncontrolled transactions shall be determined; and(ii)the weighted average of the prices, computed in accordance with the manner provided in sub-rule (3), of the comparable uncontrolled transactions undertaken in the current year and in the aforesaid period preceding it shall be included in the dataset instead of the price referred to in sub-rule (1):Provided further that in a case referred to in clause (ii) of sub-rule (5) of rule 10B, where the comparable uncontrolled transaction has been identified on the basis of the data relating to the financial year immediately preceding the current year and the enterprise undertaking the said uncontrolled transaction, not being the enterprise undertaking the international transaction or the specified domestic transaction referred to in sub-rule (1), has in the financial year immediately preceding the said financial year undertaken the same or similar comparable uncontrolled transaction then,-(i)the price in respect of such uncontrolled transaction shall be determined by applying the most appropriate method in a similar manner as it was applied to determine the price of the comparable uncontrolled transaction undertaken in the financial year immediately preceding the current year; and(ii)the weighted average of the prices, computed in accordance with the manner provided in sub-rule (3), of the comparable uncontrolled transactions undertaken in the aforesaid period of two years shall be included in the dataset instead of the price referred to in sub-rule (1) :Provided also that where the use of data relating to the current year in terms of the proviso to sub-rule (5) of rule 10B establishes that,-(i)the enterprise has not undertaken same or similar uncontrolled transaction during the current year; or(ii)the uncontrolled transaction undertaken by an enterprise in the current year is not a comparable uncontrolled transaction,then, irrespective of the fact that such an enterprise had undertaken comparable uncontrolled transaction in the financial year immediately preceding the current year or the financial year immediately preceding such financial year, the price of comparable uncontrolled transaction or the weighted average of the prices of the uncontrolled transactions, as the case may be, undertaken by such enterprise shall not be included in the dataset.
