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assessment order. Against the draft assessment order, assessee raised objections before the learned DRP. Though, DRP granted partial relief but it rejected assessee's contention with regard to nature of service provided as Contract Software Development Service. In terms with the order passed by the DRP, the impugned assessment order has been passed.

5. Learned Authorized Representative, at the outset submitted, identical issue arose in the immediately preceding assessment year viz. assessment year 2009-10 and the Tribunal after considering the submissions of the parties, has restored the matter back to the file of the Assessing Officer / Transfer Pricing Officer to re-examine the entire issue on the basis of softex form filed with the STPI authorities and related orders of STPI authorities. He, therefore, submitted, consistent with the view taken by the Tribunal in assessment year 2009-10, the issue may be restored back to the file of the Transfer Pricing Officer / Assessing Officer with similar direction.

"10. We have given a thoughtful consideration to the rival submissions and have carefully perused the orders of the authorities below. We have also considered the relevant documentary evidences brought on record. In our considered opinion, the entire dispute revolves around the nature of business of the assessee. The assessee claims itself to be a Software Development Service Provider whereas the TPO has treated the assessee as engaged in providing contract Research & Development Services. This dispute gets strength from the nomenclature used by the assessee in Form No. 3CEB and also in its Transfer Pricing Study Report. However, the documentary evidences filed in the form of copies of Softex Forms and the order of the STPI authorities paint an altogether different picture. In our considered opinion, these documents have not been properly appreciated by the Symantic Software Solution Pvt. Ltd.

Revenue authorities. Had these documents been examined qua the nature of business of the assessee, the resultant product would have been different. Therefore, in the interest of justice and fair play, we restore this issue to the file of the TPO. The TPO is directed to re-examine the entire issue by denovo assessment. The TPO is directed to decide the issue on the basis of Softex Form filed with the STPI authorities and related orders of the STPI authorities. The assessee is directed to furnish necessary details and the TPO is directed to examine the same after giving reasonable opportunity of being heard to the assessee. Needless to mention, the TPO shall also decide all other related issues with the TP adjustments relating to working capital adjustments and differences in the risks. Ground No. 4,5 & 6 are treated as allowed for statistical purpose."