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The Ld. DR, while contending as aforesaid, did not appreciate that
Rule lOB of the
Income-tax Rules providing for manner of application of the various
methods for
determining the arm's length price prov ides for internal
benchmarking analysis in
respect of CUP method, Cost Plus Method, Resale Price Method,
Transactional Net
Margin Method and Profit Split Method. The Hon 'ble Tribunal in the
case of the
Destination-of the World vs. ACIT (ITA No. 5534/De1l2010) also held
that
"Further, in the ease of Birlasoft (India) Ltd. (supra), it has been
clearly held
that the assessee was justified in undertaking internal comparison on
stand
alone basis by placing on record working of operative profit margin
from
international transactions with AEs and transactions with uncontrolled
parties
undertaken in similar functional and economic scenario. Such
internal
comparison is valid in all the methods. Therefore, it is held that in the
first
instance, the attempt should be made to determine arm '8 length price
~f
controlled transactions by comparing the same with Internal
uncontrolled
transactions undertaken in same or similar economic scenario. "