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TPO accused of cherry-picking comparables

March 22, 2011

Sophie Ashley - TPW

The Mumbai Income Tax Tribunal (ITAT) has sent back the file of Teva India, dealing with pharmaceuticals, to the transfer pricing officer (TPO) to reassess whether Vimta Labs, a contract research and testing organisation with abnormally high profit, is comparable to a contract R&D provider.

TPOs have been using Vimta Labs to argue that contract service providers warrant a high cost plus mark-up.

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