enforceable right to restrain the
appellant from relying on the data of the respondent‟s (plaintiffs/ Roche)
drug for manufacturing and marketing its biosimilar drug ... Roche) data, which
had fallen in the public domain after expiry of its patent rights, and also
since the concept of data exclusivity
2011, wherein this
Tribunal vide order dated 10/07/11 upheld exclusion of this
company from list of comparables, after taking into consideration
its operations ... though objected for its exclusion, however, could not
controvert regarding unavailability of segmental data.
We have perused submissions advanced by both sides in the light
following additional/revised filters in determining
the ALP:
(i) exclusion of companies whose data for FY 2009-10 was not available;
(ii) exclusion of companies ... following additional/revised filters in determining
the ALP:
(i) exclusion of companies whose data for FY 2010-11 was not available;
(ii) exclusion of companies
Data and Derivatives and (b) not to Disclose, allow the
use of, or display the Data or Derivatives to any Third Party.
2.2 Original Data ... containing the original Data may erode, become damaged,
and/or contain Data not relevant to the geological area covered by the Data
and in such
Counsel for the assessee requested for
exclusion of Sonata Software Limited, E Infochips Bangalore Limited,
Infinity Data Systems Private Limited and Infosys Limited from ... case of Freescale Semiconductors India (P) Ltd (supra), we
direct exclusion of Infinite Data Systems Private Limited from
the final set of comparable companies
data
transmission services including provision of access to wired or wireless
facilities and services, specifically designed for efficient transmission of
data.
15.1 The exclusion clause ... wireless facilities and service specifically designed for
efficient transmission of data. The exclusion clause only covers
internet telecommunication which was earlier internet telephony as
defined
prior year's
order;
(d) The CIT(A) ordered the exclusion of four companies, namely,
Khaitan Electricals Ltd, Hotline Teletube& Components Ltd,
Samtel ... findings on
treatment of reimbursement, exclusion of certain comparables
and use of current year data for the comparables.
(l) As regards the disallowance pertaining
furnishing the single year data being the contemporaneous data for the
F.Y.2009-10 and applying the said data ... exclusion. With regard to exclusion of Tata Elxsi Ltd, we
find from 895 to 898 of the paper book, there is no segmental data
available
At & T Global Network Services (India) ... vs Jcit, Special Range-1, New Delhi on
same is regarding sharing of technical
information/data/documentation. Article 2.2 of the said agreement puts an
exclusive restriction on the assessee company
