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Showing contexts for: quartile in Weston Knowledge Systems ... vs Assessee on 28 February, 2012Matching Fragments
ix) Assessee relied upon inter-quartile range - lower quartile - 6%; Upper Quartile - 36% - refer page no. 58 of TP report and table 9 Quartile range as submitted by the assessee.
x)Data of comparable companies used in the TP report pertains to FYs 2000-01 and 2001-02 and arithmetical mean of 14% of the comparables pertains to average.
xi) Assessee relied on Circular No. 14 of 2001 - where such onus is discharged by the assessee and the date used for determining the arm's length price is reliable and correct, there can be no intervention by the Assessing Officer.
14. The learned counsel for the assessee relied upon the decision of Tweezerman (India) P. Ltd. Vs. Addl. CIT, [2010] 4 ITR (Trib.) 130 (Chennai) and Digital Equipment India Ltd. Vs. DCIT, 103 TTJ (Ban.) 329 and submitted as follows:
i) The CIT(A) erred in upholding the application of the provisions of section 10A(7) read with section 80IA (10) of the Act and in sustaining the reworking of the deduction allowable u/s 10A of the Act and in sustaining the reworking of the deduction allowable u/s 10A of the Act. He ought to have appreciated the fact that the assessee's mark up is within the inter-quartile range ITA NOs. 914 & 915/Hyd/06 and 1797/Hyd/08 M/s Weston Knowledge Systems & Solutions.