TMI Blog2014 (6) TMI 805X X X X Extracts X X X X X X X X Extracts X X X X ..... aim made by the assessee claiming deduction u/s 10A should be considered by the tax authorities - the claim requires examination of the eligibility of the assessee to claim the same and further it requires to be seen as to whether the assessee has complied with the procedures prescribed u/s 10A of the Act – thus, the order of the CIT(A) is set aside and the matter is remitted back to the AO for examination of the claim for deduction u/s 10A of the Act – Decided in favour of Assessee. - I.T.A. No. 105/Coch/2014 - - - Dated:- 6-6-2014 - Shri N. R. S. Ganesan, JM And B. R. Baskaran, AM,JJ. For the Petitioner : Shri Pankajakshan C.G., CA For the Respondent : Shri K. K. John, Sr. DR ORDER Per B. R. Baskaran, Accountant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rules made under that Act. Accordingly, the Assessing officer held that the approval granted by Director, STPI would not be a valid approval. Accordingly, the Assessing officer, by placing reliance on the decision rendered by the Hon ble High Court of Delhi in the case of CIT vs. Regency Creations Ltd. (2012) (27 taxmann.com 32), rejected the claim for deduction u/s. 10B of the Act. 4. The assessee challenged the said disallowance by filing appeal before the Ld. CIT(A). Before the first appellate authority, the assessee put an alternative claim, viz., the deduction under sec. 10A of the Act may be allowed to the assessee in case deduction u/s. 10B is denied. For this purpose, the assessee placed reliance on the decision rendered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tracted by Ld CIT(A) in his order, shows that the High Court has only stated that an assessee, in order to qualify for benefit under either section 10A or 10B, should follow the specific procedure enacted for that purpose. The High Court did not consider or there was no occasion to consider the procedures prescribed in sec. 10A of the Act in that decision. Hence, in our view, the Ld CIT(A) may not be correct in interpreting that the decision rendered in the case of Regency Creations (supra) also relates to the deduction made u/s 10A of the Act. 7. In the case of Device Driven India Pvt Ltd (supra), this Tribunal has held that the alternative claim can be entertained by the Ld CIT(A) also. Hence, in our view, the alternative claim made by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
