Transfer Pricing- Supernormal profit making companies should be excluded from the comparable set

Delhi bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of Adobe Systems India Private Limited Vs. ACIT [201 1-TII-13-ITAT-DEL-TP] (Date of Judgement: 21 January 2011; Assessment Year: 2006- 07) held that super normal profit making companies should be excluded from the comparable s set, as they have a tendency to skew the results and cannot be considered as representative of the industry. The Tribunal further commented that the order of the Dispute Resolution Panel (DRP) was very cursory and laconic contrary to the mandate of Section 144C. Facts of the case • The taxpayer...