Assessee, a tax resident of Singapore, filed its return of income. During assessment proceedings, assessee claimed that it had wrongly declared non-taxable long-term capital gain (LTCG) and short-term capital gain (STCG) in return of income and paid tax. Assessee also claimed that it had wrongly offered dividend income to tax at 20 per cent as against 15 per cent as per Article 10 of India-Singapore DTAA.Assessing Officer had not considered assessee’s claim and passed the order.  DRP also rejected assessee’s claim, holding that it had no jurisdiction to admit additional evidence or additional claims. On appeal, the Tribunal held that, in terms of the Explanation to section 144C(8), DRP is empowered to examine issues arising out of assessment proceedings even if such issues do not form part of variations proposed by the Assessing Officer.   Since the assessee had made its claim both before the Assessing Officer and before the DRP, in the interest of justice, the matter was to be restored to the file of the Assessing Officer with a direction to verify the assessee’s claim and grant relief, if found admissible, in accordance with law. (AY. 2022-23)