DRP not empowered to set aside any proposed variation

PCIT Vs Moet Hennessy (I) Pvt. Ltd. (Delhi High Court)

The Assessee in its appeal before ITAT contended that as per Section 144C(8) of the Act, DRP may confirm, reduce or enhance the variation proposed in the draft order. However, DRP is not empowered to set aside any proposed variation or issue any direction under Section 144C(5) for further enquiry for passing the assessment order and therefore, the disallowance proposed under Section 37 (1) of the Act was without jurisdiction.

The ITAT agreed with the contention of

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