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2014 (12) TMI 1275 - AT - Income TaxDisallowance u/s 10A - Assessee company had already commenced manufacturing even before approval was granted by software technology park of India (STPI) - Held that:- We find that the appellant authority has accepted the contention of the assessee that after receipt of the approval of STPI from 23rd September 2008, the assessee is entitled to the exemption u/s 10A of the Act. However he denied the claim since he was handicapped from determining the amount of exemption post 23.09.2008 because the assessee could not place the necessary details apportioning the profits before him. We further find that in the subsequent Assessment Year, the AO himself has allowed the assessee exemption u/s10A by order dated 17.02.2014 for Assessment Year 2011-12. Therefore we find that the limited issue that is before us is to determine the profits derived by the assessee from the date of approval from STPI i.e. post 23rd September 2008. For that we are inclined to remit the issue back to the file of AO to determine the profits eligible for exemption to the assessee from 23rd September 2008. For that, the assessee shall produce all the relevant documents necessary for the AO to determine the profits derived by the assessee from 23rd September 2008 and the AO shall pass fresh order on this issue.
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