TMI Blog2019 (2) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ses of non-eligible units. The Hon’ble Apex Court in the case of CIT & another Vs. Yokogawa India Ltd. (2016 (12) TMI 881 - SUPREME COURT) has upheld the decision of Hon’ble Karnataka High Court. We find no infirmity in the order of CIT(A) in allowing the benefit of deduction u/s 10A of the Act to the assessee. The impugned order is upheld and the appeal of Revenue is dismissed being devoid of any merit. - Decided against revenue - ITA No.1546/PUN/2016 - - - Dated:- 30-1-2019 - Shri R.S. Syal, Vice President And Shri Vikas Awasthy, JM For the Assessee : Shri C.H. Naniwadekar. For the Revenue : Shri Ajay Dhoke. ORDER PER VIKAS AWASTHY, JM : This appeal by the Revenue is directed against the order of Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal by the Department is against deleting the addition made u/s 10A of the Income Tax Act, 1961 (hereinafter referred to as the Act ). The assessee is a Private Limited Company engaged in the business of software development services. The assessee has two undertakings. One undertaking is 100% export oriented unit and is registered with Software Technology Parks of India. In respect of eligible undertaking, the assessee claimed deduction of ₹ 2,69,76,031/- u/s 10A of the Act. The assessee had claimed deduction before setting off brought forward losses of eligible undertaking, as per the law laid down by the Hon ble Bombay High Court in the case of CIT Vs. Black Veath Consulting (P) Ltd., reported as 348 ITR 72. The AO rejected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) has upheld the decision of Hon ble Karnataka High Court. The Hon ble Supreme Court of India while rendering the decision has considered various CBDT Circulars including Circular No.7 dated 16.07.2013 and has held as under : 16. From a reading of the relevant provisions of Section 10A it is more than clear to us that the deductions contemplated therein i s qua the e l igible undertaking of an assessee standing on i ts own and without reference to the other eligible or non-eligible units or undertak i ngs of the assessee. The benefit of deduction is given by the Act t o the individual undertaking and resultantly flows to the assessee. This is also more than clear from the contemporaneous Circular No . 794 dat e d 9.8 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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