Dismissing the  Tribunal appeal of the revenue the Court held that ;Observation of the Tribunal that the assessee being a newly established undertaking in free trade zone which is  claiming deduction under S. 10A, provisions of Chapter X regarding Transfer Pricing ought not to have been applied were contrary to second proviso to section 92C(4) which provides that benefit under sections 10A, 10B or 10AA shall not be allowed in respect of TP-adjustment . However, such an obiter/observation, though, appeared to be made in ignorance of proviso to sub-section (4) of section 92C, but there was no binding character of such findings or observations because as far as computation of income of assessee was concerned, Assessing Authority had not given any benefit of section 10A .Further, there was no reversal of findings of Assessing Authority by Tribunal .Accordingly revenue’s appeal against Tribunal decision  is held to be not  maintainable. (AY. 2003-04)