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2013 (7) TMI 147 - HC - Income TaxExemption u/s 10B - 100% EOU / STP unit - Receipt of training fees - Held that:- exemption considered under Section 10B is related only to those undertakings which are engaged in the manufacture or production of any article or thing and has relevance to the receipts which are out of the activities relating to the profits and gains arising from the manufacture or production of an article or thing - benefit under Section 10B is referable not only with reference to the approved undertaking, but it must also be with reference to profits and gains derived from the export oriented unit fulfilling the conditions specified in the Section - receipt is related to a fee charged by it, on the training of professionals who are admittedly not its employees and that the profits and gains not being one arising on account of manufacture or production of an article or thing, the benefit under Section 10B can have no relevance at all - Decided in favour of Revenue. Benefit under STP scheme - Tribunal rejected - Held that:- Training is given to the graduates/professionals who are not employees, who are not, in any way, associated with the business of the assessee in the matter of production and manufacture of an article or thing, and the receipts not being profits and gains derived by the undertaking in the manufacture or production of article or thing, we do not find any justifiable ground to confer benefit of the provision based on the policy decision taken either under the customs enactment, or for that matter, under the Software Technology Park Scheme. - Decided against the assessee.
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