TMI Blog2019 (1) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 10A of the Act, since the assessee in written submissions had claimed the deduction under section 10B of the Act and not 10A of the Act. The assessee is at liberty to raise the issue before the Assessing Officer or CIT(A) and make fresh claim in this regard as held in CIT Vs. Pruthvi Brokers & Shareholders Pvt. Ltd. [2012 (7) TMI 158 - BOMBAY HIGH COURT]. Deduction u/s 10A before setting off of brought forward losses and unabsorbed depreciation - Held that:- This issue stands covered in favour of assessee by the ratio laid down by the Hon’ble Bombay High Court in CIT Vs. Black & Veatch Consulting Pvt. Ltd. [2012 (4) TMI 450 - BOMBAY HIGH COURT] and the aforesaid deduction u/s 10B is to be computed before adjusting brought for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax(Appeals) is contrary to the law and on facts and in the circumstances of the case. 2. The Ld. Commissioner of Income-tax(Appeals) erred on the facts and in the circumstances of the case and in law in allowing alternate claim of the assessee for deduction u/s 10A of the Act, once the Ld. CIT(A) had upheld the order of the Assessing officer in denying deduction u/s 10B. 3. The Ld. Commissioner of Income-tax(Appeals) erred on the facts and in the circumstances of the case and in law in allowing alternate claim of the assessee for deduction u/s 10A of the Act ignoring the provisions of section 80A (5) of the IT Act, 1961 which mandate that no deduction u/s 10A would be allowable unless so claimed by the assessee in the Return of Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Assessing Officer and is beyond the prescribed date as form No.56F was not filed with the Return of Income. Claiming deduction u/s 10B in original return by filing form No.56G and making alternate claim u/s 10A by filing form No.56F cannot be permitted. 7. The Ld. Commissioner of Income-tax(Appeal) has erred on the facts and circumstances of the case, in allowing the deduction u/s 10B of the Act without setting of brought forward business loss and unabsorbed depreciation of earlier years in total disregard to the CBDT Circular No.7/DV/2013 dated 16/07/2013. 8. The Ld. Commissioner of Income-tax(Appeal) has erred on the facts and circumstances of the case, by not following the decision of Hon'ble Karnataka High Court in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... computer software. In the return of income filed for the year under consideration, the assessee has claimed deduction under section 10B of the Act. The unit of assessee was registered with Directorate of Software Technology Park of India (STPI). The Assessing Officer was of the view that the assessee was not entitled to the said claim of deduction under section 10B of the Act as the requirement of section was that the assessee should be 100% Export Oriented Unit (EOU). Consequently, the said deduction claimed by assessee was denied and profits from the said business were brought to tax. The assessee during the course of assessment proceedings had furnished written submissions to the effect that in case deduction under section 10B of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t entitled to the claim of benefit under section 10B of the Act, but the assessee was held to be eligible to claim the deduction under section 10A of the Act, for which the matter was restored back to the file of Assessing Officer. The Tribunal in ITA No.1921/PUN/2014, relating to assessment year 2010-11, vide order dated 25.01.2017, following the earlier order of Tribunal in assessment year 2009-10 had also similarly held and had remitted the issue back to the file of Assessing Officer to verify the claim of assessee vis- -vis eligibility of deduction under section 10A of the Act and passed the order accordingly. The assessee during the course of hearing has placed on record the copy of order passed under section 143(3)/254 of the Act by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no merit in the order of Assessing Officer in holding that the assessee is not entitled to the said deduction under section 10A of the Act, since the assessee in written submissions had claimed the deduction under section 10B of the Act and not 10A of the Act. The assessee is at liberty to raise the issue before the Assessing Officer or CIT(A) and make fresh claim in this regard as held by the Hon ble Bombay High Court in CIT Vs. Pruthvi Brokers Shareholders Pvt. Ltd. (2012) 349 ITR 336 (Bom). 10. Another issue which is raised by the Revenue vide grounds of appeal No.7 and 8, wherein the assessee was allowed the deduction under section 10A of the Act before setting off of brought forward losses and unabsorbed depreciation. 11. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
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