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2017 (3) TMI 1306 - AT - Income TaxEligibility for deduction u/s l0A - Held that:- STPI approval was received by the assessee company on 23.09.2008 in the middle of the previous year relevant to the AY 2009-10. We further note that in the AY 2009-10 it was held that profits derived from the export of computer software from and after the date of approval of the STP unit on 23/09/2008 will be eligible for deduction u/s l0A. In the A Y 2009-10 the disallowance of deduction u/s l0A was confirmed because the assessee failed to provide details before the AO to prove that the profits derived during the A Y 2009-10 are from software exports after the date of approval. Since, STPI approval was received in the previous year relevant to A Y 2009-10, therefore, the profits derived from export of computer software during the previous year relevant to AY 2010-11 will be eligible for deduction u/s l0A provided other conditions of sec. l0A are fulfilled by the assessee company. In the instant AY 2010-11 there is no dispute that the other conditions of see lOA are fulfilled by the assessee. We further note that that in the A Y 2011-12 the AO has allowed the assessee’s claim of deduction u/s 10A. Thus AO is not justified in disallowing the claim of deduction u/s 1OA. - Decided in favour of assessee
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