TPO doesn’t have jurisdiction to scrutinize claim of deduction u/s. 80IA

Sushee Infra & Mining Limited Vs ACIT (ITAT Hyderabad)

ITAT Hyderabad held that Transfer Pricing Officer [TPO] doesn’t have jurisdiction to scrutinize the claim of deduction under section 80IA of the Income Tax Act. Accordingly, addition made by AO on account of TP adjustment is not sustainable.

Facts- The assessee has undertaken certain infrastructure projects under sub-contract from it’s related party being Joint Venture and Special Purpose Vehicle which were awarded by the State Government in favour of the related party and the same were executed

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