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TMI Blog2014 (2) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... m of deduction u/s 10B of the Act. Briefly the facts of the issue are, the assessee carrying on business of software development and export is a 100% Exported Oriented Unit (EOU in short) registered with Software Technology Park of India (STPI in short) Mumbai. For the assessment year under dispute, the assessee filed its return of income declaring total income of Rs.1,31,27,754/- after claiming deduction u/s 10B of the Act. The Assessing Officer while completing the assessment u/s 143(3) of the Act, disallowed the deduction claimed u/s 10A of the Act by observing that the assessee has not been approved as a 100% EOU by the Board appointed by the Central Government as per section 14 of the Industries (Development and Regulation), Act 1951. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istration with STPI cannot be a substitute for approval by the Board as required under the provisions of the Act. 5. The learned AR, at the outset, fairly submitted that the decision of Income-tax Appellate Tribunal, Delhi Bench in the case of Regency Creations V/s. ACIT which was followed by the CIT (A) while allowing assessee's claim of deduction u/s 10B, in the meanwhile, has been reversed by the Hon'ble Delhi High Court vide ITA No.69/2008, 783/2009 and 1239/2001 dated 17-9-2012. The learned AR however submitted that the assessee is otherwise eligible for deduction u/s 10A of the Act. In this context, the learned AR submitted a certificate from the Auditor in Form 56F along with a petition for admitting it as an additional evidence. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he decisions of different Benches of Income-tax Appellate Tribunal including the jurisdictional Bench of Income-tax Appellate Tribunal. In these circumstances, we accept the contention of the assessee that there was no occasion on his part to submit the auditor's certificate in Form 56F before the CIT (A). In fact, it is seen from record that the assessee has also urged a specific ground before the CIT (A) claiming deduction u/s 10A of the Act and in the cross objection the assessee has challenged non-consideration of such ground by the CIT (A). It is further worth mentioning here that the Assessing Officer himself in the assessment order has observed that the assessee is in the business of software development and entitled to claim deducti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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