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2014 (4) TMI 929 - ITAT DELHIDeletion of deduction u/s 10B of the Act – Held that:-The revenue has not disputed the point that the assessee got approval as 100% EOU as per approval dated 27.01.1997 – CIT (A) has held that the AO was completely in error in holding that since the assessee started its business in AY 1992-93, then the prescribed period of 10 years for the purpose of exemption u/s 10B of the Act had come to an end by AY 2001-02 - section 10B envisages setting up of export oriented undertaking which is altogether different and distinct from setting up of a normal commercial activity unit - The AO has not controverted the fact that the assessee company established 100% EOU in FY 1997-98 for exporting of computer software – Relying upon LEGATO SYSTEMS INDIA (P) LTD. Versus INCOME TAX OFFICER [2005 (7) TMI 663 - DELHI HIGH COURT] - the CIT(A) rightly granted relief to the assessee by directing the AO to grant exemption u/s 10B of the Act for the assessee – Decided against Revenue. Deletion on account of TDS – Held that:- The assessee company filed some proof explaining the difference in question which could not be confronted to the AO, neither during the assessment proceedings nor during the appellate proceedings - The issue is related to the reconcilement of the difference – thus, the matte is required to be remitted back to the AO for fresh adjudication – Decided in favour of Revenue.
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