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2018 (3) TMI 140 - ITAT VISAKHAPATNAMRevision u/s 263 - Eligibility to deduction claimed u/s 10B - Held that:- On verification of the assessment order, it is observed that the assessing officer has examined the issue whether the assessee is carrying on consultancy work or engaged in the manufacturing of computer software. In the reply submitted by the assessee before the A.O. which was reproduced above, the assessee submitted that the it is engaged in the Data processing and Remote Maintenance which is information technology enabled products or services covered u/s 10B of the Act as per the notification issued by the vide CBDT vide Notification No.11521 dated 26.9.2000. Since the issue has been considered by the assessing officer and taken a conscious decision that the assessee is engaged in the computer software after conducting necessary enquiry and analyzing the information filed by the assessee, the Ld. CIT is not permitted to revisit the same issue which was already examined by the assessing officer and allowed the deduction. The issue with regard to the approval from the Board constituted by Central Government was also examined by the assessing officer. The A.O. has conducted enquiries with the Director, Software Technology Parks of India, VSEZ, Duvvada, Visakhapatnam who has clarified vide letter dated 5.12.2012 that once the Director, STPI approves the unit, no further ratification of approval from the inter-ministerial standing committee is required and the income tax benefits should not be denied on the ground that the approval of units have been granted by the Director of STPI. Hence, it is evident from the assessment order passed u/s 143(3) r.w.s. 147/143(3) that the A.O. has examined the issue of requirement of approval from the Board also. - Decided in favour of assessee.
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