9911796707
TMI Blog2018 (6) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. Since in both appeals parties are same and issues are common only amount and assessment years are different. Therefore, for the sake of convenience, we would like to dispose of both the appeals by way of a common order. Following grounds have taken by the department in both appeals: 2.1 In ITA No.1214/Ahd/2012 for AY 2008-09: "Ld. CIT(A) has erred in law and on facts in directing the AO to allow the Assessee's claim of deduction of Rs. 1,14,25,859/- u/s.10B of the I.T. Act." 2.2 In ITA No.2907/Ahd/2012 for AY 2009-10: "Ld. CIT(A) has erred in law and on facts in deleing the disallowance of deduction u/s.10B of the Act of Rs. 4,34,55,797/-." 3. The relevant facts as culled out from the materials on record are as under:- The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee within the prescribed time period. 5) Till date, the assessee has not furnished Auditor's Report in Form No. 56G. Furnish the same, if any. 6) Proof of undertaking having been approved by the competent authority as 100% export oriented undertaking. 7) It is seen that in the statement of 'Computation of Income', the deduction has been claimed u/s. 10A, whereas as per letter dated 01.11.2010 submitted, it appears that the assessee has claimed u/s. 10B. Kindly explain the discrepancy". 3. The assessee vide reply dated 30.11.2010 with para wise which is as under:- 1. During the course of assessment proceedings, a question was asked why the claim of the assessee u/s. 10B should not be disallowed as the assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the entire claim of the assessee is very much justified u/s. 10B of the I. T. Act, 1961." 4. The assessee's reply was considered but not acceptable because as per details available on record, it is clear that assessee has not export any item as per above referred explanation-2. It is clear from the explanation that any computer programme recorded on any disc, tape, perforated media or other information storage device; covered in software export. The assessee company is not involved/carried out any such type of export business which is covered in section 10B of the I.T. Act. It is also clear from the return that the assessee has claimed deduction in his return u/s.10A of the Act for the current year as well as in previous year also. Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is hereby rejected and the whole exercise seems to be a well laid device to divert unaccounted money under the guise of purported export earnings from sale of software and to defraud revenue by showing income as exempt u/s.10B of the I.T. Act." 6. Finally ld. AO made an addition of Rs. 1,14,25,859/-. 7. Against the said addition, assessee preferred first statutory appeal before the ld. CIT(A) who allowed the appeal of the assessee. 8. Now appellant's appeal is before us. 9. We have gone through the relevant record and impugned order. In this case, learned AO rejected the claim of the assessee that assessee company is not involved/carried out any such of export business which is covered u/s.10B of the I.T. Act. As per Section 10B specia ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
