TMI Blog2020 (8) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... per Mutual Agreement between the Competent Authorities ( CA ) - HELD THAT:- The argument of Ld.AR regarding export income determined as per MAP as accepted by assessee. However we note that there inadvertently a view has not been expressed in this regard. We also note that corporate ground in revenue s appeal though have been discussed, however since it is appearing under ground 15-16 of assessee s appeal, conclusion needs to be also modified. Accordingly, we recall impugned order for limited purposes of adjudicating Ground 15-16 in assessee s appeal and Ground No.1 in revenue s appeal under corporate tax issues. MP of assessee allowed. - M.P No.64 & 65/Bang/2020 (In IT(TP)A No.1907 & 1971/BANG/2018) Assessment Year : 2008 – 09 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Ground of Appeal No. 15 and 16 of the appeal had challenged the order of the learned CIT(A) upholding the action of the learned AO in not allowing deduction under section 10A of the Act on the enhanced export income determined as per Mutual Agreement between the Competent Authorities ( CA ) of India and USA and as accepted by the Petitioner. b) Also, the learned CIT(A) and the learned AO erred in considering the said enhancement of income as transfer pricing adjustment under section 92C(4) of the Act. The learned CIT(A) has erred is not appreciating the submissions made in this regard. (v) 2.3 Corporate Tax Ground - Departmental Appeal ITA 1971/BANG/2017 Further, the Department in its Ground of Appeal No. 1 of the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee s appeal, adjudicated Ground No. 1 of revenue appeal. 10. We note that this tribunal records the argument of Ld.AR regarding export income determined as per MAP as accepted by assessee. However we note that there inadvertently a view has not been expressed in this regard. 11. We also note that corporate ground in revenue s appeal though have been discussed, however since it is appearing under ground 15-16 of assessee s appeal, conclusion needs to be also modified. Accordingly, we recall impugned order for limited purposes of adjudicating Ground 15-16 in assessee s appeal and Ground No.1 in revenue s appeal under corporate tax issues. In the result, miscellaneous petition filed by assessee stands allowed. Order pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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