TMI Blog2012 (6) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... m 5 years to 10 years tax holiday as provided under the amended provision for 10 consecutive years from the date of commencement of production – In favor of assessee - IT APPEAL NO. 772 OF 2007 - - - Dated:- 20-3-2012 - N. KUMAR AND RAVI MALIMATH, JJ. K.V. Aravind for the Appellant. ORDER 1. The Revenue has preferred this appeal against the order passed by the Tribunal that the beneficial Clause of 10 years brought it in by way of amendment to Section 10A is applicable to the case of assessee also. The substantial question of law involved in this appeal was the subject matter in the case of CIT v. DSL Software Ltd. [2012] 205 Taxman 48/18 taxamnn.com 151 (Kar.) (Mag.) decided on 12.10.2011 by this Court where it was held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period of ten consecutive assessment yews beginning with the assessment year relevant to the previous year in which the said undertaking begins to manufacture or produce articles or things or computer software, as the case may be. The object behind this amendment, which is extracted in the order of the Appellate Tribunal reads as under:- "Clause 3 seeks to amend section 10A of the Income Tax Act. Under the existing provisions, tax holiday is available to newly established industrial undertaking set up in free trade zones and to units set up in software technology parks for five years out of the block of initial eight years, subject to fulfilment of certain conditions. The proposed amendment seeks to extand the period of tax holiday from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the date of production. If the assessee already availed the benefit under the unamended provision and the 10 consecutive years would fall prior to 01.04.1999, then the assessee would not be entitled to the said benefit. If the said 10 consecutive years from the date of production has not expired, prior to 1-4-1999, far the remaining unexpired period, he would be entitled to the benefit. On the ground that he had the benefit of unamended provision and the 5 years period has expired on the day amended provision came into force, he cannot be denied the benefit. If that is done, it would run counter to the intention with which the amended provision was brought on the statute book, it would negate the amended provision. 9. In the instant ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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