mandatory to use the current financial year data,that it did not consider current
year data exclusively in all of the comparables, that assessee ... assessment,that the data used by TPO pertained to the relevant FY
itself and was contemporaneous,that for using multiyear data no convincing argument
approached by
the Defendants while trying to solicit them into
breaching their exclusivity with the Plaintiff. The
action of Defendant No.2 is further ... confidentiality agreement in force since August 2015
where under data exclusivity of the Plaintiff has been
breached in violation of the express terms and
conditions
approached by the
Defendants while trying to solicit them into breaching their
exclusivity with the Plaintiff. The action of Defendant No.2 is further ... confidentiality agreement in force since August
2015 where under data exclusivity of the Plaintiff has been breached
in violation of the express terms and conditions
taxpayer did not consider current
year data exclusively in all of the comparable companies.
b) The taxpayer used earlier two years data without justifying ... rectified. In the
earlier paragraphs, we have observed that the Current year data should be
adopted for determining the ALP and hence the matter
assessee for arriving at financial
comparable are as follows:
* Companies having data for any one of the previous 3 financial years were
included ... while determining the ALP used only the current year data to the
exclusion of the earlier data. The TPO also excluded comparable companies
whose service
exclude the same by returning following
findings :-
"8.3. Exclusion of Infinite Data Systems Pvt Ltd (Merged)
We find that this company had reported ... ELXSI)
44. The taxpayer sought exclusion of Tata Elxsi on ground of
functional dissimilarity and non-availability of segmental data.
Perusal of the annual report
records and considered the matter
carefully. The dispute is regarding exclusion of data line cost
incurred by the assessee from the export turnover. Under
will first take up the comparables which the assessee is agitating
for exclusion from the final set of comparables selected by the TPO
and as affirmed ... owing to the fact that there was no segmental
data, directed its exclusion.
3.2.21 The Ld. CIT DR, on the other hand, whilst taking support
case and in law the Tribunal
was correct in directing exclusion of data link
charges from export turnover and total turnover,
when the provision does
illegal and unauthorised activities
of making available petitioner's exclusively copyrighted data
3
publicly without petitioner's authorization. The petitioner further
contends that
