TMI Blog2021 (4) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... me proportion as well. Decided in favour of the assessee. - T.C.A.No.418 of 2013 - - - Dated:- 1-4-2021 - Hon'ble Mr. Justice M.Duraiswamy And Hon'ble Mrs.Justice T.V.Thamilselvi For the Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For the Respondent : Ms. Sriniranjani Srinivasan JUDGMENT M. DURAISWAMY, J. Challenging the order passed in I.T.A.No.329Mds/2012 in respect of the Assessment Year 2005-2006 on the file of the Income Tax Appellate Tribunal, Chennai, D Bench (for brevity, the Tribunal), the Revenue has filed the above appeal. 2. The above appeal was admitted on the following substantial questions of law: Whether under the facts and circumstances of the case, the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in T.C.A.No.228 of 2011 [M/s.Comstar Automative Technologies Private Ltd., (formerly known as Visteon Powertrain Control Systems India Private Limited, Keelakaranai Village, Malrosapuram Post, Maraimalai Nagar, Chengalpattu District- 603 204 Vs. The Deputy Commissioner of Income Tax, Company Circle I (3), 121, Nungambakkam High Road, Chennai 600 034]. 5.It would be appropriate to extract the relevant portions of the judgments relied upon by the learned counsel for the respondent. (i)[2018] 93 taxmann.com 33 (SC) [Commissioner of Income-tax, Central III Vs. HCL Technologies Ltd.] ... 19.In the instant case, if the deductions on freight, telecommunication and insurance attributable to the delivery of computer software ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 to 1472 of 2010 [Commissioner of Income Tax, Chennai Vs. M/s.S.R.A. Systems Ltd., No.100, Valluvar Kottam High Road, Nungambakkam, Chennai] , this Bench held as follows:- ... 5.As the issue of allowability of deduction under Section 10A is common to all the three Assessment Years, all the three Tax Appeals are taken up together and disposed of by this common judgment. For the Assessment Year 2000-01, the assessee had filed its return of income on 29.11.2000. The assessee claimed that it was eligible for deduction under Section 10B. The return was processed on 28.03.2002. Subsequently, the Assessing Officer had reason to believe that income chargeable to tax had escaped assessment on account of the assessee Company being ineligible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the decision of Apex Court reported in 107 ITR 195 [Textile Machinery Corporation Limited Vs. CIT] held as follows: ... this is not a case of setting up of a new business, but only transfer of business place of existing business to a new place located in STPI area and thereafter, getting the approval from the authorities, the assessee become entitled to deduction under Section 10A. Merely because by shifting the business from one place to another and keeping some of the plant and machinery as those are bearing charge of financial institution, does not violate Clause (ii) and (iii) of Sub Clause (2) to Section 10A of the Income Tax Act. 7.The order passed by the Income Tax Appellate Tribunal was challenged by the Department in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27.Therefore the law has been settled by the said decision of the Hon'ble Apex Court, where in clear terms, it has been held that, the deductions either under Section 10A or 10B would be made while computing the gross total income of the eligible undertaking (like the Assessee) under Chapter IV of the Act and not at the stage of computation of the total income under Chapter VI of the Act. 28.Here is the case in hand, the total income was first arrived at by the Revenue through the Assessing Officer in the Assessment order by computing the total income by way of brought forward or carry forward the depreciation allowance of the earlier Assessment years and set off the unabsorbed depreciation first and making the return Nil, thereby ..... X X X X Extracts X X X X X X X X Extracts X X X X
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