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2015 (5) TMI 851 - ITAT DELHI

2015 (5) TMI 851 - ITAT DELHI - TMI - Disallowance of exemption claimed u/s 10B - CIT(A) deleted the additions - Held that:- The facts of the present case are similar to the facts in the case of ITO Vs Efextra Esolutions Pvt. Ltd., New Delhi (2012 (8) TMI 895 - ITAT DELHI), which the ld. CIT(A) has followed while allowing the claim of the assessee.

The assessee fulfilled all the conditions for 100% tax exemption u/s 10B of the Act which was earlier granted u/s 143(1) of the Act. The c .....

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Varkey, JJ. For the Appellant: Sh. Kapil Goel, Adv. For the Respondent : Sh. T. Vasantan, Sr. DR ORDER PER N.K. SAINI, A.M. These three appeals by the department are directed against the separate orders each dated 18.02.2013 of CIT-XXVIII, New Delhi. Common issues are involved in these appeals which were heard together, so these are being disposed of by this consolidated order for the sake of convenience and brevity. 2. The common grounds raised in these appeals read as under: 1. In the facts o .....

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exemption claimed by assessee u/s 10B not appreciating the fact that on mere filing of Form No. 56F during the course of assessment proceedings, the assessee was not eligible to exemption u/s 10A relying on judgment of Apex Court in the case of Goetz India Limited where it was held that as the assessee has failed to follow the statutory mechanism of filing the revised return for claiming deduction, the same cannot be allowed through revised computation during the course of assessment proceeding .....

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eceived any certificate giving approval by the board as 100% export oriented undertaking. 4. Being aggrieved the assessee carried the matter to the ld. CIT(A) who allowed the claim of the assessee by observing in paras 4.2 to 4.3 of the impugned order which read as under: 4.2 I have considered the facts of the case, the legal position of the case laws relied upon by the appellant. The case law relied upon by the assessing officer has also been considered. The issue was remanded to the assessing .....

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aim. In a rejoinder to the assessing officer's report the appellant has relied upon the case of Efextra Esolutions Pvt. Ltd., stating that the facts of this case are squarely and absolutely applicable in the case of the appellant. In the said case the Hon'ble ITAT Delhi bench, Delhi Bench-B while deciding the ITA No. 313/Del/2012 for the assessment year 2007-08 have discussed the application of the Supreme Court Judgment in the case of Goetze India Ltd. to the cited case and have drawn c .....

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directed the Assessing Officer to consider the report in Form 56F and to allow the claim, if found in accordance with law, for deduction of ₹ 19,84,913/ - u/s 10A of the Act. Para 10. The issue before us is as to whether the aforesaid action of the Ld. CIT (A) is justified. Now, it is seen that the assessee, on being pointed out by the Assessing Officer that deduction u/s 10B was not available to it, changed its claim to one u/s 10A of the Act, by way of filing a report in Form No.56F befo .....

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;H), it was held that since the assessee had not made any fresh claim and had duly furnished the documents and had submitted form for claim u/s 80IB of the Act, there was no requirement of filing any revised return of income. Para 12. In "CIT VS. MAHAVIR SPINNING MILLS LTD." 303 ITR 353 (P&H), the issue was as to whether the Tribunal had correctly granted exemption u/s 10B of the Act, when no claim had been made by the assessee, either in the return of income or in the revised retu .....

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law. Para 13. In "CIT VS. JAI PARABOLIC SPRINGS LTD." 306 ITR 42 (Del), it was held that the CIT (A) had the jurisdiction to entertain the additional claim not filed before the Assessing Officer. Para 14. In "CIT VS. LUCKNOW PUBLIC EDUCATIONAL SOCIETY", 318 ITR 223 (All), the original return had been filed late, due to which, the revised return was treated by the Assessing Officer as a nonest, it was held that a claim to which the assessee is legally entitled cannot be denie .....

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deduction was claimed u/s 32A of the Act, whereas in the belated revised return, such claim was rectified and made u/s 32AB, which claim was accepted. Para 17. The afore-discussed case laws relied on by the assessee all go to support the assessee's case. Concurring therewith, we hold that the Ld. CIT (A) has correctly held the claim of the assessee to be allowable, if found to be in accordance with law. Moreover, the assessee's eligibility for the claim u/s 10A rather than u/s 10B of the .....

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assessing officer that the case of the assessee is covered by the Goetze India Ltd. case, becomes unsustainable. In the case of Goetze India, the claim made subsequently was an altogether fresh claim whereby the returned income got changed. It is not the case of the appellant. And the facts of the case mentioned Supra being same as in case of the appellant, the appellant's revised claim in form 56-F becomes valid because the appellant had already made a claim (section 10B) in the return of .....

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in specified time, in support of its claim for deduction u/s 10A of the Act. Therefore, the AO rightly denied the claim of the assessee and the ld. CIT(A) was not justified in allowing the claim. 6. In his rival submissions the ld. Counsel for the assessee reiterated the submissions made before the authorities below and further submitted that the present case is squarely covered in favour of the assessee vide order dated 24.08.2012 of the ITAT Delhi Bench E , New Delhi in the case of ITO Vs Efe .....

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present case are similar to the facts in the case of ITO Vs Efextra Esolutions Pvt. Ltd., New Delhi (supra), which the ld. CIT(A) has followed while allowing the claim of the assessee. 8. On a similar issue, the ITAT Delhi Bench D , New Delhi in the case of ITO, Ward-4(1) Vs J C Infosoft Technologies Ltd. (supra) held as under: 7.2 The disputed issue according to us is no more resintegra and is covered by the judgment of the High Court of Delhi in the case of CIT Vs Valiant Communications Ltd. ( .....

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n the case of CIT Vs Regency Creation in ITA No. 69/2008 vide order dated 30.11.2012, it has been held as under: The applicant had claimed the benefit of section 10B of the Income Tax Act, 1961 ( act for short). Before the A.O, it had relied upon the certificate and other supporting materials issued by the STP in respect of the approval under section 10A and claimed that as long as these conditions were satisfied, the statutory mandate of section 10B too was also automatically satisfied. In the .....

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