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 by the assessee under the sub-contra...