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TMI Blog2019 (6) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... Usha Rani For the Respondent : No appearance JUDGEMENT [Judgement of the Court was made by T.S. Sivagnanam, J.] These tax case appeals are filed by the Revenue under Section 260A of the Income Tax Act, 1961, ('the Act' for brevity) are directed against the orders passed by the Income Tax Appellate Tribunal in I.T.A No.1806/Mds/2005 dated 15.06.2007 for the assessment year 2001- 02 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave heard Mr.T.R.Senthil Kumar, learned Senior Standing Counsel assisted by Mrs.K.G.Usha Rani for the appellant in both the cases. 4. So far as substantial question of law No.2 is concerned, it is not disputed by the Revenue that the same is covered against the Revenue in the light of the decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax Vs. HCL Technologies Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is name to be deleted. Accordingly, the Division Bench directed the name of the erstwhile counsel be deleted. Thus, the assessee is not represented by any counsel before us. 7. The assessee for the relevant assessment years namely 2001-02 and 2002-03 claimed the benefit of exemption under Section 10A of the Act for its STPI unit. The Assessing Officer while computing the assessment vide orders da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fully gone through the order passed by CIT(A) and we find that the discussion starts from paragraph 9.1. The CIT(A) after going through the entire factual matrix, held that the assessee has furnished sufficient material to show that there is a separate and distinct STPI formed which has engaged itself in export and development of software involving substantial investment in infrastructure includin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not tenable as the assessee has acquired total assets worth Rs. 1.43 Crores for the STPI Unit for the financial year 2000-01. This order passed by the Tribunal was followed for the assessment year 2002-03 impugned in T.C.A No.647 of 2008. 10. Thus, we find that the following fact finding exercise was done by CIT(A) by assigning independent reasons and thus, we find that there is no question of l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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