Comparability for determining ALP lost as only comparable chosen by DRP fails

Tata Chemicals Ltd Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that once only comparable as chosen by DRP fails, then same loses the comparability for determining the ALP. Accordingly, the price on which eligible unit is selling the power, which is the price available in the open market, and also the same manufacturing unit is purchasing it from GEB at the same price, then it can be said to be the market value of the price.

Facts-

The present

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