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2017 (3) TMI 1381 - AT - Income TaxTPA - selection of comparable - Held that:- Companies functionally different as that of assessee company which is a routine BPO service provider need to be exluded fro final list of comparability. Deduction under section 10A - Held that:- Assessee stands eligible for claim of deduction u/s 10A, therein remand the matter to the file of the A.O for the limited purpose of determining the quantum of deduction so raised by the assessee u/s 10A in its return of income. That as regards the contention of the Ld. A.R that the A.O had erred in excluding the ‘Miscellaneous income’ from the eligible profits for the purpose of computing deduction u/s 10A, we are of the considered view that the entitlement of an assessee towards claim of such deduction, as had clearly been spelt out in Sec. 10A(4), is restricted only as regards the ‘Profits derived from export of articles or things or computer software’, however, as neither from the orders of the lower authorities, nor from the records available before us it can be gathered as to what is the nature of ‘Miscellaneous income’ nor anything as regards the same had been submitted before us by either of the parties during the course of hearing of the appeal, we therefore keeping in view the fact that as the issue as regards determining the quantum of deduction u/s 10A, as claimed by the assessee in its return of income had been restored by us to the file of the A.O, therefore restore this issue also to the file of the A.O. That in case if the ‘Miscellaneous income" falls within the bracket of ‘‘Profits derived from export of articles or things or computer software”, then the A.O shall be precluded from excluding the same from the scope of the profits eligible for claim of deduction u/s 10A.
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