TMI Blog2011 (7) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... ts disclosed that the assessee commenced production from 01.05.2002 and the assessee was entitled to the benefit under Section 80HHE. However, after approval was granted by the Director of STPI on 31.12.2002, the assessee was entitled to the benefit of Section 10A of the Act This is supported by the circular No. 1/05 dated 06.01.2005 issued by the CBDT - Decided in favour of assessee. - ITA No. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. 10A of the Income Tax Act 1961, hereinafter referred to as the 'Act', for the period from 01.01.2003 to 31.03.2003. The assessee had made an application to the Director. Software Technology Parks of India (STPI) at Bangalore, on 23.12.2002 and the approval was granted by letter dated 31.12.2002. The assessee thereafter moved the Customs authorities to derive benefit granted to an STPI Unit unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder, the Revenue preferred an appeal before the Tribunal. The Tribunal declined to interfere with the order passed by the Appellate Commissioner and dismissed the appeal. Aggrieved by the same the Revenue is in appeal. 3. The learned Counsel appearing for the Revenue assailing the impugned order contended that it was a case of reconstruction and therefore the assessee is not entitled to the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the context of Section 10B, the ratio of the circular equally applies to Section 10A also. In fact, the CIT(A) has referred to various judgments on the point and had come to the conclusion that the benefit of Section 10A would also he available even when an existing units get converted into a STPI unit. In fact, the material on record discloses that no export of computer software was made before 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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