Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

The Income Tax Officer, Ward 10 (2) , Hyderabad Versus M/s Com Lab India

2015 (6) TMI 445 - ITAT HYDERABAD

Deduction under section 10A - alternative claim made by the assessee for deduction Held that:- Issue involved in the present case is squarely covered by the decision in the case of M/s. Vivera IT Applications Consulting (P) Ltd., Hyderabad vs. ITO, [2015 (6) TMI 435 - ITAT HYDERABAD] wherein similar alternative claim made by the assessee for deduction under section 10A instead of deduction under section 10B for the first time before him was not entertained by the Ld. CIT(A) on the ground that th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Cloud Softek [2014 (2) TMI 742 - ITAT HYDERABAD] wherein it was held that if the assessee is held to be not entitled to deduction under section 10B, his alternative claim for deduction under section 10A should be considered. The ratio of these decisions of the Tribunal, in our opinion, is clearly applicable in the present cases and respectfully following the same, we uphold the impugned order of the Ld. CIT(A) directing the A.O. to consider the alternative claim of the assessee for deduction und .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assessee for deduction under section 10A of the I.T. Act, 1961. 2. The assessee in the present case is a partnership firm which is engaged in the business of software development and e-learning. The return of income for the A.Y. 2010-2011 was filed by it on 09.07.2010 declaring total income of ₹ 6,53,510 after claiming deduction of ₹ 34,95,030 under section 10B of the Act and for A.Y. 2011-2012 the return of income was filed on 19.07.2011 declaring total income of ₹ 6,79,147 af .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

wers conferred by the Sec.14 of the Industries (Development and Regulation) Act, 1951 and the rules made under the Act. 2. After considering the information available and also the facts of the case, it is held that the deduction claimed U/s.10B at ₹ 34,95,030/- is not allowable in the assessee's case, as the assessee-firm is not approved as a 100% Export Oriented Undertaking by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by Sec.14 of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cannot be equated with the 100% EOU approved by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by Sec.14 of Industries (Development & Regulation) Act, 1951 (65 of 1951) and the rules made under that Act. Supposing the plea of the assessee that an STP unit being an 100% EOU is eligible for exemption U/s.10B is accepted, the amendment brought out by the Finance Act, 1993 extending the benefit U/s.10A to the STP unit is otherwise eligible for e .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ied as under :- "The matter regarding validity of approvals given by the Development Commissioner has been examined in the Board. It has been decided that an approval granted by the Development Commissioner in case of an 100% EOU unit will be considered valid once such approval is ratified by the Board of Approval for EOU Scheme." 5. In the light of the discussion made above, the approval accorded by STPI cannot be equated with that approved/ratified by the Board appointed in this beha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

/2012, 441/2012 of Regency Creation Ltd clarified as under : "Though the considerations which apply for granting approval under sections 10A and 10B may to an extent, overlap, yet the deliberate segregation of these two benefits by the statute reflects parliamentary intention that to qualify for benefit under either, the specific procedure enacted for that purpose has to be followed. There is nothing in any of the circulars or instructions relied on by the Tribunal in all the orders, implyi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dings before the Ld. CIT(A), additional ground was filed by the assessee for both the assessment years under consideration raising an alternative claim that it is entitled for deduction under section 10A. The additional evidence in the form of certificate in the prescribed Form 56F was also filed by the assessee in support of its claim for deduction under section 10A. Keeping in view this new alternative claim raised by the assessee for the first time before him and the additional evidence filed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ditional ground raised by the assessee relating to its alternative claim for deduction under section 10A for both the assessment years under consideration relying inter alia on the decision of the Tribunal in the case of Chicago Pneumatic India Ltd., vs. DCIT 15 SOT 252 (Mum.) wherein it was held that the new claim raised by the assessee for the first time before the appellate authority could be entertained and the decision of the Hon'ble Supreme Court in the case of Goetze (India) Ltd., (su .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version