TMI Blog2011 (1) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... s not justified in denying the exemption in respect of export profits of ₹ 2,86,44,156/- u/s. 10A(2)(i)(b) of the IT Act. (b) The learned CIT(A) is not justified in denying substantial justice by relying upon technicalities. 3(a) The learned CIT(A) is not justified in holding the assessee to the claim inadvertently stated as u/s. 10B of the IT Act instead of u/s. 10A which is the applicable section, thereby denying the exemption on export profits. (b) The learned CIT(A) is not justified in ignoring the fact noticed by the Assessing Officer in her order that the assessee had approval under the Software Technology Park Scheme which was granted by Director STPI Hyderabad. The assessee is entitled to exemption u/s. 10A o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee. He submitted that it is not case where a wrong section has been cited in support of the claim for deduction made by the assessee. He submitted that the conditions for the allowance of deduction under S.10A and under S.10B are substantially different and different authorities have been given jurisdiction to give approval so as to entitle the assessee for deduction under a particular section. He submitted that the issue of deduction in the case of the assessee is covered in favour of the Revenue with the decision of the Hyderabad Bench of the Tribunal in Infotech Enterprises Ltd. V/s. JCIT (85 ITD 325). He submitted that the additional ground of appeal raised by the assessee was rightly rejected by the CIT(A), and it has been r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal memo. We are unable to sustain the reasoning of the CIT(A) for rejecting the additional ground raised by the assessee. Although the conditions for allowance of deduction under S.10A and under S.10B are different, the issue of allowance of deduction under S.10A has not been considered and adjudicated upon by any of the Revenue authorities. In these facts of the case, we are of considered opinion that it shall be in the interests of justice to set aside the issue in the grounds of appeal of the assessee to the file of the Assessing Officer with a direction to decide the issue in accordance with law after providing reasonable opportunity to the assessee, and also to give a specific finding whether the assessee is entitled to deduction un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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