TMI Blog2022 (2) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant assessment year involved is AY 2010-11. The notice u/s.148 of the Act was issued by the AO on 27.02.2017 after recording the reasons. The assessee before AO during the course of original assessment proceedings filed copy of Form No.56F for claim of deduction u/s.10A of the Act, filed copy of approval from STPI, computation sheet for claim of deduction u/s.10A of the Act and copies of Foreign Inward Remittance Certificate (FIRC) for all inward receipt of foreign currency for export of services to the AO AO after going through these documents and scrutinizing the same allowed the claim of deduction u/s.10A. We have gone through the reasons recorded for reopening of assessment and noted that there is no whisper about any failure on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the reassessment proceeding by holding that reassessment proceeding was change of opinion but not regarding any factual finding or information, whereas in this assessee's case, based on HAP objection the case was reopened arid new material fact brought on record that the assessee has claimed u/ s l0A deduction for a unit which is not located in a Export Processing Zone, free Trade Zone or Special Economic Zone, hence, the assessee failed to disclose fully truly this material fact and wrongfully claimed deduction u/ s 10A which is not allowable. 3. The learned CIT(A) erred in quashing the reassessment proceeding by holding that reassessment proceeding was change of opinion but not regarding any factual finding or information, wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case. The brief facts are that the assessee is a unit registered with STPI, Chennai as a 100% EOU vide approval letter dated 27.08.2008 granted by the STPI. During the course of original assessment proceedings, the assessee vide letter dated 19.10.2012 submitted copy of Form No.56F to support claim of deduction u/s.10A of the Act. Further, the assessee filed copy of approval from STPI, computation sheet for claim of deduction u/s.10A of the Act and copies of Foreign Inward Remittance Certificate (FIRC) for all inward receipt of foreign currency for export of services to the AO vide letter dated 03.01.2013. The AO after going through these documents and scrutinizing the same allowed the claim of deduction u/s.10A of the Act vide his origi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s.10B. Though the consideration which apply for granting approval u/s.10A and 10B may to an extent overlap yet the deliberate segregation of these two benefits by the Statute reflect the Parliamentary intention that the specific procedure enacted for the purpose under either has to be followed to qualify for benefit. There is nothing in any of the circulars or instructions implying that approval for purpose of an STP/EOU/EPZ also entitled a unit to benefit/s. 10B. The Director, STPI, Chennai in letter dated 27.08.2007 informed the assessee that the application for setting up 100% EOU under the STPI Scheme has been approved under the delegated powers to the Directors of STPI by IMSC. The assessee company has been claiming the benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and original assessment was completed u/s.143(3) of the Act and further in view of the reasons recorded, there is no failure pointed out by the AO to disclose fully and truly all material facts necessary for its assessment for the assessment year 2010-11. The CIT(A) noted that the details pertaining to claim of deduction u/s.10A of the Act by issuing notice u/s.142(1) of the Act and these were considered while completing the original assessment proceedings u/s.143(3) of the Act, vide order dated 10.01.2013 for the assessment year 2010-11. Accordingly, the CIT(A) quashed the reassessment proceedings and allowed the appeal of the assessee. Aggrieved, now Revenue is in appeal before us. 5. We noted that the original assessment was compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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