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2018 (6) TMI 1038 - ITAT MUMBAIEntitlement for deduction u/s 10B - assessee company is engaged in the business of providing business process outsourcing services onsite/offshore - Held that:- We noticed that the Tribunal has consistently held that the assessee is eligible for deduction under Section 10B of the Act. The same view has been expressed by the Coordinate Bench in assessee’s own case relating to A.Y. 2010-11 Claim under Section 10B on interest income and miscellaneous income - Held that:- As relying on assessee's own case we hold that the assessee is eligible for deduction 10B of the Act in respect of interest income earned from bank deposits and also miscellaneous income relating to sundry balance written back. Accordingly we uphold the order passed by the CIT(A) on this issue. Eligibility of the assessee to claim deduction under Section 10AA of the Act in respect of interest income from FDI and sundry balances written back to be allowed MAT computation - computation of book profit under Section 115JB - AO refused to deduct the profit arising from Unit located in SEZ from the net profit for the purpose of computing book profit under Section 115JB - Held that:- the profit arising from the Unit located in SEZ is liable to be excluded as per provisions of Section 115JB(6) of the Act. He also submitted that an identical issue was considered by the Coordinate Bench in A.Y. 2010-11 and the same was decided in favour of the assessee by following the decision rendered by another Coordinate Bench in the case of Genesys International Corporation Ltd. (2016 (1) TMI 77 - ITAT MUMBAI) - we uphold the order passed by the learned CIT(A) in holding that the profit arising from Unit located in SEZ is eligible to be excluded for the purpose of computing book profit under Section 115JB as per sub-section (6) of sec. 115JB. Disallowance of belated payment of employees contribution of PF and ESIC - amounts paid beyond the due date prescribed in the respective Acts. Held that:- As the assessee has however, paid the amount before the due date prescribed for filing the return of income. Accordingly, following the decision rendered by the by the Hon'ble Bombay High Court in the case of CIT vs. Hindustan Organic Chemicals Ltd. [2014 (7) TMI 477 - BOMBAY HIGH COURT] disallowance be deleted. - Revenue appeal dismissed.
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