TMI Blog2012 (6) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit and does not withdraw the benefit extended and available to undertakings covered by clauses (a) and (b). The three clauses are mutually exclusive and operate in their own field. Facts on records reveal that STP registration was granted to the erstwhile partnership firm whose entire business was transferred to the assessee in 2005. The name of the assessee -company was substituted in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the respondent-assessee is not entitled to exemption under Section 10A, because it was formed by splitting up or reconstruction of business, which was already in existence. It is stated that Section 10A(2)(ii) of the Act has been violated. The aforesaid contention does not require adjudication in this appeal as this issue and contention was not raised by the Revenue in the grounds of appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plies to any undertaking which fulfils all the following conditions, namely:? (i) it has begun or begins to manufacture or produce articles or things or computer software during the previous year relevant to the assessment year? (a) commencing on or after the 1st day of April, 1981, in any free trade zone; or (b) commencing on or after the 1st day of April, 1994, in any electronic ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... St.) 21, in which in paragraph 5.4, it has been observed:- "5.4 The conditions for the applicability of these provisions are that the undertaking:- (a) Begins to manufacture or produce articles or things or computer software during the previous year relevant to the assessment year commencing on or after 1-4-1981 in any free trade zone or commencing on or after the first day of April, 1994 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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