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2016 (7) TMI 8 - ITAT PUNEEligibility of deduction u/s 10B/10A - STPI unit - whether the assessee was eligible for deduction under section 10B or 10A of the Act? - Held that:- The assessee is admittedly, recognized by the Director of STPI and in view of the ratio laid down by the Hon’ble Delhi High Court in CIT vs. Regency Creations Ltd. (2012 (9) TMI 627 - DELHI HIGH COURT ), we hold that the assessee is not entitled to the claim of deduction under section 10B of the Act. On the other hand, the assessee once satisfied the conditions laid down in section 10A of the Act, is entitled to the said claim of deduction irrespective of the fact that the assessee in the original return of income had not made such claim under section 10A of the Act, but had made a claim for deduction under section 10B of the Act. Following the same parity of reasoning, we uphold the order of CIT(A) in allowing the claim of assessee under section 10A of the Act. Accordingly, the grounds of appeal raised by the assessee in allowing the said deduction under section 10B of the Act are dismissed. Similarly, the appeal filed by the Revenue is against the order of CIT(A) in allowing the claim of deduction under section 10A of the Act is also dismissed.
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