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2014 (10) TMI 318 - AT - Income TaxEligibility to claim deduction u/s 10A – Software Technology Park (STPI) Unit – Held that:- Following the decision in Nagesh Chundur Vs. CIT [2013 (9) TMI 883 - MADRAS HIGH COURT] - The assessee took advantage of the scheme notified by the Government of India in the Ministry of Commerce and Industry of the "software technology park" and sought for registration as STPI on 2002 - In order to claim deduction, an undertaking in hardware technology park or software technology park must be in existence commencing its production on or after the 1st day of April, 1994 - the assessee is not formed by splitting up or transfer to a new business and got registration even since 2002, the fact that it has been in existence ever since 1999, does not militate against the applicability of Section 10A of the Act - Section 10A(2)(i) of the Act shows that it has relevance to industry that has begun to manufacture or produce articles or things or computer software on or after the 1st day of April, 1994. The moment the assessee satisfies this clause and it goes for the second requirement namely, registration as a Software Technology Park in accordance with the scheme of Government of India, the assessee stands benefited by the provisions of Section 10A of the Act -Decided against revenue. Amount spent on Work in Progress deleted - Held that:- CIT(A) did not adjudicate any such issue in those years - CIT(A) has accepted the contentions of the assessee that the work is normally completed within 12 years without causing any verification of the claim - it is also the contention of the assessee before CIT(A) that the AO has made the addition without providing an opportunity to the assessee – the matter is to be remitted back to the AO for fresh adjudication – Decided in favour of revenue.
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