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2015 (6) TMI 445 - ITAT HYDERABAD

2015 (6) TMI 445 - ITAT HYDERABAD - [2015] 41 ITR (Trib) 641 (ITAT [Hyd]) - 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 .....

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relying on the decision of Coordinate Bench of the Tribunal in the case of 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 .....

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.2014 whereby he directed the A.O. to consider the alternative claim of the 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 .....

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ard appointed in this behalf by the Central Government in exercise of the powers 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 behal .....

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provisions of Sec.l0B. 100% export oriented undertaking under the STP Scheme 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, 19 .....

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178/ 19/2008-ITAT, dt.09.03.2009 and corrigendum dt.08.05.2009) which clarified 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 canno .....

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8, 783/2009, 1239/2011 of CIT and ITA Nos.2002/2010, 438/2012, 439/2012, 440/2012, 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 c .....

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ed by the assessee before the Ld. CIT(A). During the course of appeal proceedings 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 .....

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e of Goetz (India) Ltd., 284 ITR 323. The Ld. CIT(A) however admitted the additional 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 decis .....

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