TMI Blog2011 (5) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal for assessment year 2007-08 contending that the CIT(A) has erred in not admitting the lawful claim of `90,92,721 eligible for the assessee u/s 10B of the I.T. Act, which fact was admitted by the CIT(A) and the Tribunal in the past as the assessee has fulfilled all the conditions provided in the said section 10B of the I.T. Act. 2. The assessee is a 100% EO Unit engaged in the export of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel for the assessee contended that the issue stands decided in favour of the assessee by the Tribunal s order dated 13.4.07 passed in I.T.A. No.4006/Del./06 (copy placed on record) in the assessee s own case for assessment year 2003-04 and by Tribunal order dated 11.4.08 in I.T.A.No.4296/Del./07(copy placed on record) for assessment year 2004-05, in the appeals filed by the department for bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he passing of the Tribunal orders(supra) in the assessee s own case for assessment years 2003- 04 and 04-05. 7. We have heard both the parties and have perused the material on record. No doubt, the CBDT Clarification(supra) states that exemption in respect of a unit set up in Software Technology Park is granted to a unit approved u/s 10A of the Act and not u/s 10B thereof. However, the Press No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red under section 14 of IDR Act, 1951. Inter-Ministerial Standing Committee for EHTPs and ESTPs (IMSC) is competent in grant approval for STPI unit to claim all benefits under 100% EOU Scheme as per Press Note 2 of 1993 (copy enclosed). 8. In view of the above, we find the grievance of the assessee to be justified and it is accepted as such. We hold that the assessee is entitled to claim of de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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