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2020 (9) TMI 1019 - HC - Income TaxEntitlement for deduction u/s.10A - when the new STP unit was not in existence and no activities are carried out from the STP unit - assessee is a Design Engineering Company - question of law involving in the case - HELD THAT:- Newly established undertaking is an undertaking of the assessee independent of all the undertakings that he is already possessing. In the instant case, the assessee was engaged on site development of software program. The programs were delivered at the premises of the client at the work site in South Korea. The activities of the assessee finally culminated at the work site of the clients at South Korea and there was no need for full fledged infrastructure facilities in India. Thus, the industrial undertaking of the assessee was independent of all the undertakings which it was already possessing. Therefore, the assessee has rightly been held entitled to deduction under Section 10A of the Act by the Commissioner of Income Tax (Appeals) as well as the Tribunal. The aforesaid concurrent findings of fact by no stretch of imagination can be said to be perverse. It is the cardinal principle of law that tribunal is fact finding authority and a decision on facts on the tribunal can be gone into by the High Court only if a question has been referred to it, which says the finding of the tribunal is perverse. See SUDARSHAN SILKS & SAREES VS. CIT [2008 (4) TMI 5 - SUPREME COURT] and and 'MANGALORE GANESH BEEDI WORKS VS. CIT [2015 (10) TMI 1283 - SUPREME COURT]. We find that matter stands concluded by findings of fact and the revenue has not been able to either plead or place on record material to show that findings of fact recorded by the Tribunal are perverse. Thus, we hold that non substantial questions of law. arise for consideration in this appeal.
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