TaxTMI 
TaxTMI 
2011 (2) TMI 709
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....y the second respondent for the assessment years 2000-01 and 2001-02. The petitioner also claimed deduction under section 10A of the Act for the assessment year 2002-03 till 2005-06, which were allowed under section 143(3) of the Act. During March, 2004, the petitioner obtained approval from the Ministry of Science and Technology for recognising it as a research and development company claiming tax holiday as per section 80-IB(8) of the Act and the same was intimated to the second respondent. However, the petitioner did not claim such exemption. During April 2004, a company-Engineering Analysis Centre of Excellence Pvt. Ltd. (EACoE) amalgamated with the petitioner as a going concern pursuant to the scheme of amalgamation being approved by t....
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....recting the Assessing Officer for considering the claim of the petitioner for deduction under section 10A of the Act on the ground that the Dispute Resolution Panel has committed an error and, accordingly, has sought for quashing para. 21 of the order passed by the Dispute Resolution Panel. 4. It is the submission of the standing counsel for the Revenue, section 144(5) and (8) of the Act provides for such direction to be issued. There is no such error committed and it is for the petitioner to approach the Assessing Officer and to explain the factual position, who shall consider the same before passing the final order of assessment since the proposal made by the Dispute Resolution Panel is only on the basis of draft assessment order ....
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....pproached the Dispute Resolution Panel and the Dispute Resolution Panel arrived at a conclusion that it is not Rs. 406 crores, rather it is Rs. 336 crores. 7. It appears, according to the learned senior counsel, as regards the difference of Rs. 29 crores arrived at the time of resolution of dispute by the Dispute Resolution Panel, it is open to be challenged before the Appellate Tribunal and the petitioner will have recourse at a later stage. But, according to him, the Dispute Resolution Panel ought not to have gone into the question of exemption available under section 10A of the Act in so far as the entire amount of Rs. 305 crores which was originally assessed at the time of draft assessment. According to the learned counsel, the ....
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....oner, apart from several other aspects, i.e., computer software which carries exemption under section 10A of the Act, on the ground that design and engineering does not fall within the definition of "computer software" and also on the ground that no details have been given regarding to the income earned, if any, from the segment, the Dispute Resolution Panel has opined that the Assessing Officer may consider this claim if the assessee submits necessary information showing that it has earned income from engineering and design services and the same qualified for deduction under section 10A of the Act or not and the Assessing Officer shall decide the claim of the assessee on the merits. So, the main thrust of the observation of the Dispute Res....