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4.11 In view of the above discussions, as well as, the decisions of this Tribunal as relied upon by the learned DR, we hold that the transfer pricing adjustment suggested by the TPO are not as per the provisions of law. At the same time, the assessee has also not adopted the correct method of determination of TNMM. Therefore, the issue is set aside to the file of the AO for fresh adjudication in accordance with law."

Thus, Assessing Officer had applied the adjustment made by the TPO by comparing between the assessee's international transaction with its domestic transaction and the same is held against statutory requirement and on this basis, the matter was remanded to Assessing Officer for fresh adjudication. We have gone through the decision and from the decision, we find that the assessee has made a plea in the submissions that the comparison of the domestic margin on the domestic sales with the margin of export sales while passing the order u/s 92CA(3) is against the law and statute. In this case, the method adopted by both TPO and assessee to compute the arm's length price (ALP) was TNMM. Assessee had not demonstrated how this method was against the law and statute and it has also not been elaborated. The ITAT Bench has also not elaborated, how the comparison between international transactions with related parties and unrelated domestic transactions are not as per statutory requirement. Moreover, in this case, the method is different than the method adopted by TPO in assessee's case. The provisions in Chapter X are special provisions relating to the avoidance of the tax in which the computation of income from international transactions have to be determined having regard to the arms length price and the arms length price in relation to an international transaction shall be determined by the most appropriate methods as provided in section 92C having regard to the nature of transaction or class of transaction or class of associated persons or functions performed by such persons or such other relevant factors as the Board may prescribe. Section 92C prescribes six methods, namely, (a) comparable uncontrolled price method; (b) the sale price method; (c) cost plus method; (d) profit split method; (e) transactional net margin method; and (f) such other method as prescribed by the Board. The most appropriate method shall be applied for determination of arms length price as provided in the Rules. The Rule 10B provides about the manner in which the most appropriate method for determination of arms length price in relation to an international taxation has to be determined. In this Rule, nowhere it is provided that comparable uncontrolled transaction shall be only an international transaction. The Rules provide for adjustment for differences. The "uncontrolled transaction" in comparison of the arms length price has been defined in Rule 10A for the purpose of Rule 10B to 10E as under :-