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2014 (1) TMI 1272

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....essee. It is directed against the order passed by the A.O under section 143(3) of the Income Tax Act, 1961 (the Act) dated 22/9/2010 in pursuance to directions issued by DRP vide their order dated 1/9/2010. The grounds of appeal read as under:      "1. Learned Assessing Officer (AO) has erred in passing order under section 143(3) read with section 144C of the Act. Appellant ha....

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.... directions on various objections filed by the Appellant on merits and directed the AO to delete the additions made.      4. Without prejudice to the above, the AO/DRP has erred in -          (i) making adjustment of Rs. 3,84,640/- to arm's length price determined by the Appellant in respect of sale of HP card machine to Truetzscheler T....

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.... assessee on allowing sales discount of Rs. 6,15,516/. The said claim made by the appellant during the course of assessment, being allowable as expenses, ought to be allowed." 2. At the outset addressing to Ground No.1,2 & 3, it was submitted by Ld. A.R that before DRP the assessee has filed an application to withdraw the objection. However, DRP referring to the letter issued by CBDT has observed....

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....an obligation to pass order as per directions of DRP, therefore, in the interest of justice the matter may be restored back to the file of DRP. 4. On the other hand, Ld. DR relied upon the orders passed by A.O and Ld. DRP. 5. We have heard both the parties on this issue and their contentions have carefully been considered. The assessee had filed a letter before DRP for withdrawing the objections....