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2022 (4) TMI 275 - ITAT DEHRADUNTransfer Pricing Adjustment on account of intra-group services - HELD THAT:- As decided in own case [2021 (12) TMI 1324 - ITAT DEHRADUN] we direct the Assessing Officer to delete the addition made on account of transfer pricing adjustment on intra-group services provided by the assessee to its AE. Granting interest u/s. 244A - As submitted that necessary directions may be issued to the Assessing Officer to correctly compute the interest u/s. 244A - HELD THAT:- DR has no serious objection for such directions we direct the Assessing Officer to look into the plea of the assessee and decide the same in accordance with law. This ground is allowed for statistical purpose. Allowability of Education cess paid - HELD THAT:- We noticed that the Tribunal following the decision of the Hon'ble Rajasthan High Court in the case of Chambal Fertilizers and Chemicals Ltd. [2018 (10) TMI 589 - RAJASTHAN HIGH COURT] and the decision of Sesa Goa Ltd [2020 (3) TMI 347 - BOMBAY HIGH COURT] held that the education cess is an allowable deduction while computing the income from business and profession. However, in the Finance Bill, 2022 introduced in the Parliament an amendment to Section 40 was proposed by insertion of Explanation 3 with retrospective effect from 01.04.2005 clarifying that tax "shall include any surcharge or cess by whatever name called". Since the legislature proposed an amendment to Section 40 with retrospective effect clarifying that cess is part of tax we are of the considered view that this issue has to be examined by the Assessing Officer in the light of the proposed amendment and also keeping in view various decisions on the issue. Thus, we restore this ground to the file of the Assessing Officer to decide afresh in accordance with law.
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