TMI Blog2014 (3) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... rtain conditions on the fulfillment of which the benefit of 10A could be availed - the Revenue’s submission cannot be accepted that it would be giving undue stress and entirely dependent upon the expression “during the previous years relevant to the assessment years” according to Section 10A (2) (i) – Relying upon Circular No.1/2005, benefit of section 10(2) is allowed – Decided against Revenue. - ITA 542/2013 - - - Dated:- 4-2-2014 - S. Ravindra Bhat And R. V. Easwar,JJ. For the Appellant : Ms. Suruchi Aggarwal, Sr. Standing Counsel. For the Respondent : None. ORDER Mr. Justice S. Ravindra Bhat (Open Court) 1. The question of law sought to be urged in this case is whether the interpretation given to Section 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ware for a period of ten consecutive years. The tax holiday period commences from the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce such article or thing or computer software. Section 10 (2) prescribes certain conditions on the fulfillment of which the benefit of 10A could be availed. 5. Relying on Section 10A and Section 10 (A) (2), learned counsel for the Revenue urges that since the assessee had commenced commercial production in the present instance from 23.05.2000, but was granted the approval only in 2006, the benefit could not have been allowed at all. Learned counsel stressed upon the conditions specified in Section 10A (2) (i), particularly, stating that the benefit was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely dependent upon the expression during the previous years relevant to the assessment years according to Section 10A (2) (i). The other aspect relevant to commencement on or after requires equal emphasis. During the course of hearing, this Court was apprised of the judgment of the Karnataka High Court in ITA 323/2010 (Commissioner of Income Tax v. M/s Expert Outsource Pvt. Ltd.). 7. In that case, the Court had to deal with a somewhat analogous situation though not entirely identical to the facts of this case. The benefit in question was Section 10B and the High Court had in that instance relied upon the Circular No.1/2005. 8. In view of the above discussion, this Court is of the opinion that the impugned order does not disclose a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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