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TMI Blog2018 (4) TMI 1588X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of tax holiday claimed under section 10B of the Act which was not pressed before us. Accordingly, this ground of appeal is dismissed as not pressed. 3. The next ground is with regard to rejection of alternative claim of tax deduction u/s. 10A of the I.T. Act. The assessee made an alternative claim of deduction of tax u/s. 10A of the I.T. Act which was not granted by the Assessing Officer on the reason that DRP was of the opinion that as per section 144C(2) of the Act , the assessee can file its objections only in relation to such "variation" as referred to in sub-section (1) of sec. 144C. Sub section 1 of sec. 144C refers to 'any variation made by the Assessing Officer in income or loss returned' as made by the Assessing Officer as is p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e TPO in relation to the "Software Development Services" segment. 5. Erroneous data used by the TPO. 6. To provide appropriate adjustments to the comparable companies. 7. Variation of 5% from the arithmetic mean. 7. The contention of the Ld. AR is that the objections raised by the assessee before the DRP have not been decided by the DRP by a speaking order. The DRP has not dealt with each of the objections raised by the assessee by passing a speaking order and giving cogent reason for not accepting the objection of the assessee. 8. We have heard the rival contentions and perused the record. The matter was referred to the DRP u/s 144C of the IT Act. Under sub-section (1) of Section 144C, the Assessing Officer is under an obligation t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirm, reduce or enhance the variations proposed in the draft order so, however, that it shall not set aside any proposed variation or issue any direction under sub-section (5) for further inquiry and passing of the assessment order. Under sub-section (11) no direction u/s subsection (5) shall be issued unless an opportunity of being heard is given to the assessee and the Assessing Officer on such directions which are prejudicial to the interest of the assessee or the interest of the revenue respectively. Under sub-section (12) directions under sub-section (5) cannot be passed after nine months from the end of the month in which draft order is forwarded to the eligible assessee. Under sub-section (13), on receipt of directions issued under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DGMENT Heard Mr. Syali, ld. Sr. Counsel for the petitioner and Mr. Sanjeev Sabharwal, ld. Standing Counsel for the revenue. By this writ petition, the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 30th September, 2010 passed by the dispute resolution panel-II, the first respondent herein. What could have been a matter of debate was put to rest by Mr. Sanjeev Sabharwal, ld. Counsel for the revenue by stating that the order passed on 30th September, 2010, contained in Annexure- P1, deserves to be quashed and the matter be remanded to the said authority for fresh adjudication. In view of the aforesaid fair concession, the order dated 30th September, 2010 passed by the respondent No. 1 is quashed and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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