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2018 (3) TMI 1171 - AT - Income TaxDeduction claimed u/s 10A - Held that:- Benefit of deduction is available from the profits and gains derived by an undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years beginning with the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce such articles or things or computer software, as the case may be. Undisputedly, the assessee (the undertaking) manufactured or produced such articles or things or computer software, as the case may be, and exported them from assessment year 2000-01 only, as extracted above, and hence it is eligible for such deduction for a period of ten consecutive ays beginning with ay 2000-01 i.e., up to assessment year 2009-10, ie upto this ay, being the 10th consecutive year. Therefore, the orders of the lower authorities in this regard are set aside, the AO is directed to allow the impugned deduction. Corresponding appeal grounds are allowed. On the validity of reopening the assessment, we have considered the rival submissions. The assessee has taken similar plea before the CIT(A) and the CIT(A) after examining the submissions and relevant material and the Explanation u/s 147, has recorded a finding that on the impugned issue the AO has not formed any opinion at the time of original assessment, hence there is no change of opinion and upheld the action of the AO. Since, the assessee has not laid any material to refute such findings, we do not find any infirmity in the order of the CIT(A)
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