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TMI Blog2021 (9) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... boarding facilities. According to the assessee, it is claiming concessional rate of 5% as against the normal rate of 20% since it is a ITES company. The Assessing Officer passed order dated 30.11.2010 u/s 115WE(3) of the I.T.Act accepting FBT return filed by the assessee. Subsequently, the CIT passed an order 30.03.2013 u/s 263 of the I.T.Act setting aside the assessment order on the ground that the issue whether the activities of the assessee constitute ITES has not attained finality and the Department had filed appeal before the ITAT in the Income-tax case. The assessee filed appeal to the Tribunal against the order passed u/s 263 of the I.T.Act (the present appeal). The Tribunal vide its order dated 14.03.2014 set aside the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee had claimed deduction u/s 10A of the I.T.Act on the ground that the activities of the assessee constitute ITES, and hence, it is a ITES undertaking, eligible for deduction u/s 10A of the I.T.Act. The Assessing Officer disallowed the claim of deduction u/s 10A of the I.T.Act on the ground that the activities of the assessee does not constitute ITES. On appeal, the CIT(A) held the activities of the assessee constitute ITES and assessee was eligible for deduction u/s 10A of the I.T.Act. The view taken by the CIT(A) was affirmed by the ITAT in its order dated 21.02.2014 in ITA No.1163/Bang/2012 and 1175/Bang/2012. Aggrieved by the order of the Tribunal dated 21.02.2014, the Revenue preferred an appeal to the Hon'ble High Court. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siness of mobile added value services, which involve content development in its STP unit. It has further been held that the assessee has a dedicated studio in this STP unit where music related content is developed. The assessee procures music and other contents on the third parties. The assessee also uses its studios for content development. It has further been held that assessee is engaged in the activity of developing content and conversion of procured content into mobile readable format and the same would qualify to be classified as content development or data processing and the same would be covered under the notification dated 26.09.2000 issued by the Central Board of Direct Taxes. The High Court of Delhi in ML Outsourcing P. Ltd. supr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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