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2018 (3) TMI 1031 - ITAT PUNEDeduction claimed u/s 10B/10A both on regular income and on the additional income offered by way of TP adjustment by the assessee - Held that:- The assessee in the return of income had claimed the deduction under section 10B of the Act. During the course of assessment proceedings, the assessee filed an alternate claim that since the unit was registered under STPI, the assessee was entitled to claim the deduction under section 10A of the Act. Both the authorities below have denied the deduction under section 10B . Further, on one reason or the other had also denied the alternate claim of assessee under section 10A. We find that the Tribunal in assessee’s own case [2015 (3) TMI 151 - ITAT PUNE] had held that the assessee was not entitled to the claim of benefit under section 10B of the Act, but the assessee was held to be eligible to claim the deduction under section 10A of the Act, for which the matter was restored back to the file of Assessing Officer. The issue arising in the present appeal before us is identical and following the same parity of reasoning, we direct AO to verify the claim of deduction under section 10A Addition u/s 10B on the suo-moto transfer pricing adjustment as relying on case of M/s. iGate Global Solutions Ltd. [2014 (6) TMI 1007 - KARNATAKA HIGH COURT] the assessee is entitled to claim the aforesaid deduction under section 10A on additional income offered on account of suo-moto adjustment on account of transfer pricing provisions. The provisions of section 92C(4) of the Act are not attracted. The modified ground of appeal No.4 raised by the assessee is thus, allowed.
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