2018 (7) TMI 809

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....is 2012-2013. 2. The brief facts of the case are as follows:- 2.1 The assessee is a company engaged in the business of software development services. The assessee is registered as a 100% EOU under the STP Scheme and is registered with Software Technology Parks of India (STPI). For the assessment year 2012-2013, the assessee filed the return of income on 31.03.2014 declaring a total income of Rs. 83,19,92,720. The draft assessment order dated 19.02.2016 was framed u/s 144C by the A.O., wherein the following addition / disallowance was proposed:- (i) Transfer Pricing Adjustment as per the order of Transfer Pricing Officer dated 21.01.2016 Rs.71,62,557 (ii) Disallowance of capital expenditure Rs.1,05,08,760 2.2 Again....

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.....2016 and the final assessment order was passed only on 22.08.2016, and therefore, it was submitted the final assessment order needs to be quashed. In support of the above contention, the learned Counsel for the assessee relied on the following two orders of the Tribunal:- (i) M/s.Aalaya Jewel Industry Pvt. Ltd. v. ACIT ITA Nos.970 & 971/Mds./2017 order dated 05.04.2018, ITAT 'D' Bench, Chennai. (ii) Planet Online (P.) Ltd. v. ACIT [(2016) 65 taxmann.com46 (Hyderabad - Trib.)] 3.1 Alternatively it was submitted by placing reliance on the judgment of the Hon'ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh High Court in the case of M/s.Rain Cements Limited v. DCIT in W.....

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....-6-2015 is set aside and the DRP, Bengaluru is directed to take up Form 35A filed by the petitioner along with the annexures and the evidence for a consideration on merits. The DRP shall give opportunity of hearing to both parties, follow the procedure prescribed in Section 144C and issue appropriate directions under sub-section (5) within a period of three months from the date of receipt of a copy of this order. As a consequence of our setting aside the DRP's order dated 22-6-2015, the final assessment order passed by the Assessing Officer on 28-8-2015 is set aside. The Assessing Officer shall pass a final assessment order, after and on the basis of the directions issued by the DRP, as per our directions. The miscellaneous petitions, if an....