2015 (2) TMI 242

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.... For the Respondent : Mr. Rajat Mitra ORDER PER P.M. JAGTAP, A.M. By this miscellaneous application, the assessee is seeking rectification of the mistake alleged to have crept in the order of the Tribunal dated 15.07.2011 passed in ITA.No.1129/Hyd/2005. 2. We have heard the arguments of both the parties and also perused the material on record. 3. The Learned Counsel for the Assessee....

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....nship. On the other hand, the assessee is dependent contractor. The assessee has also stated before us that the billing rate changes depending upon the various factors as enumerated in the report of NASCOM which has been filed by the assessee before the CIT(A) and not considered the same as being additional evidence. There is a force in the arguments of the assessee's counsel. As we have observed ....

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..... Learned Counsel for the assessee has also invited our attention to Rule 10B(4) of I.T. Rules, 1962 which reads as under :              "The data to be used in analysing the comparability of an uncontrolled transaction with an international transaction shall be the data relating to the financial year in which the international transac....

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....he learned D.R. In the various decisions cited by the Learned Counsel for the assessee, the Coordinate Benches of this Tribunal has also taken a consistent view relying on the provisions of Rule 10B(4) that the data of subsequent year/years cannot be used in comparability analysis. Keeping in view the clear and unambiguous provisions of Rule 10B(4) as further interpreted by the Tribunal in various....