gross revenue or a fixed
return on investment regardless of the economic performance of
the hotel or regardless of whether hotel has made any profit
rejecting
certain comparable companies identified by the
assessee as having economic performance contrary to
the industry behavior (e.g companies which showed a
diminishing revenue
rejecting certain
comparable companies identified by the Appellant as
having economic performance contrary to the industry
behavior (e.g. companies which showed a diminishing
revenue
read
with the Income Tax Rules, 1962 and conducting a fresh
economic analysis for the determination of the arm's length price
in connection with ... facts, by not
accepting Respondent's plea that companies having economic
performance contrary to the industry behaviour (e.g.
companies which showed a diminishing
complainant was entitled for
recurring Bonus subject to the performance, policy and economic
growth of the company. The complainant has admitted that ... bonus or
commission was in any case subject to the performance and economic
growth of the O.P. Company. The Scheme of refund had been
complainant was entitled for
recurring Bonus subject to the performance, policy and economic
growth of the company. The complainant has admitted that ... bonus or
commission was in any case subject to the performance and economic
growth of the O.P. Company. The Scheme of refund had been
upholding the
action of the learned AO/TPO in conducting a
fresh economic analysis considering only FY 2004-
05 financial data at the time ... strategy to identify
comparable companies, i.e. rejecting
companies as having economic performance
contrary to industry behavior;
c) the learned CIT(A) has erred
complainant was entitled for
recurring Bonus subject to the performance, policy and economic
growth of the company. The complainant has admitted that ... bonus or
commission was in any case subject to the performance and economic
growth of the O.P. Company. The Scheme of refund had been
than 75 percent of the export
revenues;
e. misconceived difference in economic performance.
7. That on the facts and circumstances of the case
rejecting certain comparable companies
identified by the Appellant as having economic performance contrary to the
industry behavior (e.g. companies which showed a diminishing revenue