2010 (7) TMI 795 - AT - Income Tax

Summary

Issues:
1. Deduction under section 10A claimed by the assessee.
2. Deduction on account of bad debts written off.
3. Adjustment on account of arm's length price in transactions with overseas associated enterprises.

Issue 1: Deduction under section 10A claimed by the assessee:
The assessee, a software company, claimed a deduction under section 10A in its return of income. The Assessing Officer disallowed the claim due to lack of evidence. The ld. CIT(A) allowed the deduction, citing previous year's allowance and judicial precedents. The Tribunal upheld the ld. CIT(A)'s decision, emphasizing the importance of consistency in granting deductions unless specific reasons exist to withdraw them.

Issue 2: Deduction on account of bad debts written off:
The ld. CIT(A) found that the conditions for claiming deduction on account of bad debts written off were met by the assessee. The Revenue's appeal on this ground was dismissed as the ld. CIT(A)'s findings were not rebutted. The Tribunal upheld the decision, as there was no valid reason to interfere.

Issue 3: Adjustment on account of arm's length price in transactions with overseas associated enterprises:
The TPO's report required an adjustment of Rs. 7,07,66,474 in transactions with overseas associated enterprises. The assessee pointed out mistakes in the TPO's report, and after corrections, the difference in prices was less than 5%. The ld. CIT(A) deleted the addition based on the proviso to section 92C(2), which allows a 5% variance. The Tribunal upheld this decision, as the price difference was within the permissible limit, and no adjustment was required.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the ld. CIT(A)'s decision on all issues raised.