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2014 (5) TMI 932 - ITAT DELHIAllowability of deduction u/s 10A of the Act - Whether the CBDT’s Circular no. 1/2005 dated 6.01.2005 with reference to S.10B is equally applicable to S.10A of the Act – Held that:- The assessee was originally carrying on business in the domestic tariff area - Later it had shifted to STPI area and was granted registration for the period of 5 years from 20th July,2008 – Relying upon Commissioner of Income Tax & Others Versus Maxim India Integrated [2011 (7) TMI 518 - Karnataka High Court] - CBDT Circular no. 1/2005 dated 06.01.2005 grants certain benefits u/s 10B, though the circular is in the context of section 10B, the ratio of the circular equally applies to section 10A also - the benefit of section 10A would also be available even when an existing unit get converted into a STPII unit - no export of computer software was made before the 04.08.2004 - The export commenced only after 4.8.2004 - CIT(A) has rightly allowed the claim of the assessee – Decided against Revenue. Reconstruction of business – Held that:- CIT(A) rightly was of the view that the claim of the assessee for the Assessment Year was in order and this claim is directed to be allowed - the appellant would be eligible for deduction on the export profits of the year, earned by it after it was granted registration by the STPII and moreover this deduction would be available only up to AY 2012-13, as per third proviso to s.10A(1) – Decided against Revenue.
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