M/S Vodafone East Limited (Formerly ... vs Acit, Cir-7, Kolkata, Kolkata on 15 December, 2017
In the case of Inducotherm (India) Pvt. Ltd. (supra) cited by
the ld. Counsel for the assessee, it was held that a sale to dealer of the
same product, much less to a manufacturer of related end product,
inherently cannot be equated with the sale to the end-consumer. It was
held that the comparability of an international transaction with an
uncontrolled transaction under Rule 10B(2)(d) is to be judged with
reference to, inter alia, the conditions prevailing in the market in which
the respective parties to the transactions operate and the case of sale to
the end consumer is not the same thing as sale to the manufacturer or
dealer who uses the same as input raw material. It was held that this
distinction is so fundamental that the comparison is meaningless.