Transfer Pricing- Foreign entity can be taken as a tested party for comparison

We are in disagreement with the revenue’s argument that GMDAT should not be selected as a ‘tested party’ as the comparable as the comparable companies selected by the assessee doesn’t fall within the ambit of TPO’s jurisdiction and, thus, he can neither call for any additional information nor scrutinize their books of accounts. The Revenue can get all the relevant particulars around the globe by using the latest technology under its thumb or direct the assessee to furnish the same. As rightly highlighted by the assessee, we find inconsistency in the approach of the TPO with regard to...