TMI Blog2016 (1) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... going through the provisions of section 10A and sub-clause 2(i)(b) and also sub-section (2)(i) (c) of section 10A, we find considerable force in the submissions of the counsel for the assessee. We are of the view that Assessing Officer and Commissioner of Income Tax (Appeals) have completely overlooked the provisions in rejecting the claim of the assessee that it is not entitled for deduction under section 10A of the Act. Thus, we restore this issue to the file of the Assessing Officer for thorough examination and decide the issue in accordance with law i.e. whether the assessee is entitled for deduction under section 10A of the Act or not.- Decided in favour of assessee for statistical purposes. - I.T.A.No.897/Mds/2015 - - - Dated:- 29-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income Tax (Appeals) erred in rejecting the alternate claim of the appellant for deduction u/s 10A of the Income Tax Act. 7. For that the Commissioner of Income Tax (Appeals) ought to have held that the appellant had fulfilled all the conditions of Section 10A and was therefore eligible for deduction u/s 10A of the Income Tax Act. 8. For that ₹ 5,11,9271- being the disallowance u/s 40(a)(ia) ought to be added to business profits while computing deduction u/s 1OB / 10A. 3. Ground no.1 is general need not be adjudicated. 4. In ground No.2 , the assessee challenges that order of the Assessing Officer is without jurisdiction. However, no arguments are advanced on this ground and therefore this ground is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 013 is as under- 28. We do not agree with the submissions of the AR that the UPS is an energy saving device, therefore, depreciation @ 80% should be granted. However, we are in consonance with the decision of Hon'ble Delhi High Court in the case of Orient Ceramics Industries Ltd. (supra), wherein the Hon'ble Court has granted depreciation @ 60% by treating UPS as part of computer hardware. Accordingly, we allow depreciation 60% on UPS arid partly allow the ground of appeal of the assessee. 4.2.3 Respectfully following the decision of the jurisdictional ITAT, in the case of Indian Overseas Bank in ITA No.99/Mds/2010 dated 19.03.2~13, I hold that UPS attached to the computers are part of computer systems and eligible f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it has fulfilled all the conditions prescribed for claiming deduction under section 10A of the Act. The Commissioner of Income Tax (Appeals) upheld the action of the Assessing Officer in rejecting the assessee s claim for deduction under section 10B of the Act observing as under:- 4.3.3 However, the deduction u/s.l0B is subject to the fulfillment of several conditions stipulated under the statutes. One of such conditions is that the unit must have been approved by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by section 14 of the Industries (Development and Regulations) Act, 1951 (65 of 1951), and the rules made under that Act . The board for this purpose is the Inter-Ministerial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) rejected the alternative claim of the assessee that it is eligible for deduction under section 10A observing that as per the provisions of section 10A only those industrial undertakings which are established in SEZ on or after 01.04.2001 are eligible for deduction. He was of the view that assessee s undertaking was registered in STPI and not under SEZ and therefore the Assessing Officer has rightly rejected the alternative claim of the assessee for deduction under section 10A of the Act. 11. Counsel for the assessee referring to the provisions of sub-section (2) (i)(b) of section 10A submits that an undertaking which begins to manufacture or produce articles or things or computer software during the previous year relevant to the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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