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ITAT was bound to remand matter back to TPO if it accepted plea of functional dissimilarity of comparable

April 23, 2018[2018] 93 taxmann.com 185 (Delhi)/[2018] 256 Taxman 37 (Delhi)

IT/ILT: Where assessee challenged inclusion of one comparable while determining ALP, in view of fact that even though Tribunal had accepted assessee's plea of functional dissimilarity, yet it did not pass order of exclusion of said comparable and remanded matter back to TPO for disposal afresh, order so passed was to be set aside and Tribunal was to be directed to dispose of case on merit

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