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2019 (11) TMI 461

..... is in violation of the clear mandate of the provisions as discussed and hence cannot be countenanced. On our vacating such a direction, the position which would emerge is that the denial of the assessee’s claim for deduction u/s 10B would attain finality but the alternate claim for allowing deduction u/s.10A, despite the DRP finding some merit in the same, would get jeopardised at the threshold even without verification, thereby causing irreparable prejudice to the assessee. It is pertinent to note that the ld. DRP itself found some merit in the contention of the assessee on the eligibility of claim u/s.10A, for which the relevant discussion has been made in Para Nos. 3.19 to 3.22. Albeit the DRP is not empowered to direct the AO to e .....

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..... the draft order. The DRP, vide its direction dated 15-12-2015, accepted the case of the assessee qua the transfer pricing addition and directed to delete the same. In so far as the denial of deduction u/s 10B of the Act is concerned, the DRP found the action of the AO justified and held that there was no merit in the assessee s contention. It further entertained the alternate claim of the assessee for granting of deduction u/s.10A and vide para No.3.23 of its direction, required the AO to examine the alternate claim of the assessee for eligibility of deduction us/.10A. 4. The Revenue in its appeal is aggrieved by the direction given by the DRP for examining the claim of deduction u/s.10A. The assessee is aggrieved by denial of claim u/s.10 .....

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..... in the draft order or no objections are received within 30 days, then sub-section (3) states that: The Assessing Officer shall complete the assessment on the basis of the draft order . In case, the assessee does not agree with the draft order, it can, inter alia, raise objections before the DRP, which shall issue directions under sub-section (5) of section 144C. Upon receipt of the directions from the DRP, the AO completes the assessment under sub-section (13) in conformity with the directions given by the DRP. 7. Scope of directions by the DRP has been set out in subsection (8) which states that the DRP may confirm, reduce or enhance the variations proposed in draft order so, however, that it shall not set aside any proposed variation or .....

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