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TMI Blog2011 (3) TMI 1428X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the Income Tax Appellate Tribunal, which has upheld that order of the Appellate Authority granting the benefit of tax under Section 10A of the Income Tax Act, 1961 (for short hereinafter referred to as the 'Act'). 2. The assessee is carrying on the business as a software consultant and developing software. It is a private limited company. It was incorporated on 17.12.2003. It entere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee did not choose the available option of conversion of the DTA unit into STP unit. Therefore, when the assessee has used the machinery previously used, which is more than 20% of the total plant and machinery, the condition laid down under Section 10A(2) (iii) of the Act are not satisfied. Aggrieved by the said order, the assessee preferred an appeal. The Commissioner of Income Tax (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f things or computer software for a period of ten consecutive assessment years. The tax holiday period commences 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. Section 10(2) prescribes certain conditions on the fulfillment of which the benefit of 10A could be availed. 4. In the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble even when an existing unit gets converted into a STPI unit. In fact, the material on record discloses that no export of computer software was made before 04.08.2004. The export commenced only after 04.08.2004. The invoices produced in the case clearly establish the said fact. In these circumstances, the appellate authority as well as the tribunal were justified in extending the benefit of Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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