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2015 (4) TMI 500 - AT - Income TaxTransfer pricing adjustment - Deduction u/s 10A - Held that:- DRP in the case of the assessee has not decided this preliminary issue vide its order dated 21.11.2013 in spite of the fact that the same was specifically and separately raised by the assessee in the objections filed before the DRP. We, therefore, consider it fair and proper and in the interest of justice to set aside the impugned order passed by the A.O. under section 143(3) as per the directions issued by the DRP under section 144C(5) of the Act and restore the matter to the file of the DRP for the limited purpose of deciding the preliminary issue raised by the assessee company in its cross objections challenging the validity of the assessment. As this issue, which is being restored to the file of DRP, goes to the root of the matter, we keep the other issue raised by the assessee challenging the addition made on account of T.P. adjustment open with a liberty to the assessee to raise the same again if it fails to succeed on the preliminary issue before the DRP. - Matter remanded back - Decided in favour of assessee.
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