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2017 (1) TMI 1556 - AT - Income TaxEligibility to deduction claimed u/s 10B - alternate claim of section 10A deduction - Held that:- The issue which arises before us is identical to the issue before the Tribunal in assessment year 2009-10 [2015 (3) TMI 151 - ITAT PUNE]. The year under appeal before us is assessment year 2010-11 and following the same parity of reasoning, we hold that the assessee is not entitled to the claim of deduction under section 10B of the Act. However, eligibility of deduction under section 10A of the Act in the hands of assessee merits to be verified. Accordingly, we remit this issue back to the file of Assessing Officer to verify the claim of assessee and pass order in accordance with law and also following the directions of Tribunal in earlier years. Adjustment made on account of transfer pricing provisions - comparable selection criteria - Held that:- Companies functionally not comparable to the assessee which is rendering software services to its holding company need to be deselected from final list. Thirdware Solutions Ltd. and ALS Information System Ltd. to be excluded from final list.
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