TMI Blog2016 (8) TMI 1494X X X X Extracts X X X X X X X X Extracts X X X X ..... t eligible for the benefit of deduction under section 10B of the Act. As relying on VALIANT COMMUNICATIONS LTD. [ 2013 (1) TMI 734 - DELHI HIGH COURT] and M/S. DATA SOFTWARE RESEARCH COMPANY (P) LTD. [ 2015 (9) TMI 1282 - ITAT CHENNAI] we hereby remit the matter back to the file of the learned Assessing Officer for considering the alternate claim of the assessee for granting the benefit of section 10A of the Act, if the assessee is found to be eligible for such claim under section 10A of the Act. - Decided in favour of assessee for statistical purposes - I.T.A.No.711/Mds/2016 - - - Dated:- 1-8-2016 - Shri A.Mohan Alankamony, Accountant Member And Shri G.Pavan Kumar, Judicial Member Appellant by : Mr. R.Vijayaraghavan, Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 3,47,26,748/-. Subsequently, it was noticed by the learned Assessing Officer that the assessee has not obtained the Board approval for claiming deduction under section 10B of the Act and therefore reopened the assessment under section 147 of the Act by issuing notice under section 148 on 26.03.2013. Thereafter the assessment was completed by the learned Assessing Officer under section 143(3) rws 147 of the Act on 26.03.2014 by making additions withdrawing the benefit of Section 10B of the Act.. 4. On appeal, the learned Commissioner of Income Tax (Appeals) sustained the order of the learned Assessing Officer agreeing with the view of the learned Assessing Officer against which the assessee is in appeal before us. 5. At the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of deduction under section 10B of the Act. The relevant portion of the order is reproduced herein below for reference:- 4. On the contrary, Shri Vikram Vijayaraghavan, ld. Counsel for the assessee submitted that the claim of the assessee u/s 10B was disallowed by the Assessing Officer, therefore, the assessee made an alternative claim u/s 10A before the CIT(A). The CIT(A) by following the judgment of the Hon'ble Madras High Court in Heartland KG Information Ltd(supra) allowed the claim of the assessee. By placing reliance on the judgment of the Hon'ble Delhi High Court in CIT vs Valiant Communications Ltd. in I.T.A.No.438/2012 dated 4.1.2013, the ld. Counsel submitted that on identical circumstances, the Hon'ble Delhi Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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