Case Law Details
PCIT Vs Ms. Oracle (OFSS) BPO Services Ltd (Delhi High Court)
Conclusion: Amended 80A (5) could not be read as a stipulation barring and restricting the assessee from revising the computation/claim for deduction made in accordance with Section 80A (5).
Held: The issue for determination was whether the ITAT was right in revising the computation of deduction under Section 10A and 80(5). Held: The objective behind the amendment in section 80A (5) was to defeat multiple claims of deduction and ensure better compliance. Reference to the expression „multiple claims of deduction‟ would be with reference to the stipulation that deduction should be claimed under a particular provision and it could not be shifted and treated as deduction claimed under the other provision. Language of Sub-section 5 to Section 80 A does not state that the deduction once claimed under a particular section cannot be corrected and modified before AO. Indeed, AO could examine the claim for deduction and could make adjustment/ disallowance. There was no stipulation in the amended provision barring and restricting the assessee from revising the computation/ claim for deduction made in accordance with Section 80A (5).
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
This appeal filed by the Revenue under Section 260A of the Income-Tax Act, 1961 in the case of M/s.Oracle (OFSS) BPO Services Ltd. („respondent-assessee‟, for short) relates to the assessment year 2009-10 and arises out of the order of the Income-Tax Appellate Tribunal („Tribunal‟ for short) dated 31st October, 2017.
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