TMI Blog2014 (2) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... at:- For the entitlement for deduction u/s 10A as such no approval of the Board is necessary - The only requirement for claiming exemption u/s 10A of the Act is the assessee is required to submit a certificate from the auditor in form 56F as per section 10A(5) of the IT Act read with Rule 16D of Income-tax Rules - the contention of the assessee is accepted that there was no occasion on his part to submit the auditor’s certificate in Form 56F before the CIT (A) - Form 56F submitted is allowed as an additional evidence – the matter remitted back to the AO for fresh adjudication – Decided in favour of Revenue. - ITA No.1343/Hyd/12, C.O.No.143/Hyd/2012 - - - Dated:- 4-1-2013 - Shri Chandra Poojari And Shri Saktijit Dey,JJ. For the Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any revised return claiming deduction u/s 10A or submitting the auditor s certificate in Form No.56F. 3. The assessee being aggrieved of the assessment made filed an appeal before the CIT (A). In course of hearing before CIT (A), the assessee while arguing in favour of deduction claimed u/s 10B of the Act relied upon a decision of Income-tax Appellate Tribunal Delhi Bench in the case of Regency Creations Limited V/s. ACIT in ITA No.1588/Del/2010 dated 3-5-2011 and a decision of Income-tax Appellate Tribunal, Hyderabad Bench in the case of Secunderabad Software Limited in ITA No.1501/Hyd/2011 dated 10-4-2012 wherein it is held that registration with STPI will entitle a 100% EOU for deduction u/s 10B of the Act. The CIT (A) following the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record. Undisputedly, the assessee has claimed deduction u/s 10B of the Act in the return of income filed for the impugned assessment year along with form 56G claiming itself to be a 100% Export Oriented Unit ( EOU in short). However, fact remains that the assessee has not been approved as a 100% EOU by the Board appointed in this behalf by the Central Government in exercise of powers conferred by section 14 of the Industries (Development and Regulation) Act, 1951 and rules made there under. The assessee having not fulfilled this pre-condition as provided under explanation-2 (iv) of section 10B, it is not entitled to avail deduction u/s 10B of the Act. However, so far as the assessee s alternate plea of deduction u/s 10A of the Act is conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case, and keeping in view the interests of justice, we are inclined to admit form 56F submitted before us as additional evidence and remit the matter back to the Assessing Officer for taking a decision on the assessee s claim of deduction u/s 10A of the Act in accordance with law and after giving a reasonable opportunity of being heard to the assessee. 7. In so far as Cross Objection filed by the assessee is concerned which relates to non consideration of the ground raised by the assessee with regard to the claim of deduction u/s 10A of the Act by the CIT (A), in view of our decision in ITA No.1343/Hyd/2012, the same is rendered redundant and dismissed as such. 8. In the result, the Department s appeal is treated as allowed for statis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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