9911796707
TMI Blog2022 (2) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue came to be dismissed. 2. The Revenue has proposed the following questions of law for the consideration of this Court: "(a) Whether in the facts and circumstances of the case and in law, the Hon'ble ITAT is justified in deleting the addition of Rs. 39,20,823/- made by the Assessing Officer on account of disallowance of exemption u/s. 10B of the Act, even though the assessee has flouted the prerequisite condition laid down for claiming due exemption u/s. 10B of the Act regarding authority granting approval as a 100% Export Oriented Undertaking (EOU)? (b) Whether in the facts and circumstances of the case and in law, the Hon'ble ITAT is justified in not upholding the addition of Rs. 39,20,823/- made by the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case and in law, the Hon'ble ITAT is justified in allowing the grounds challenging the validity of assessment completed u/s. 143(3) r.w.s. 147 of the Act ignoring the fact that assessee has claimed deduction u/s 10B of the Act without obtaining approval of the Competent Authority as mandated under the provisions of Section 10B of the Act?" 3. We have heard Mr. Varun Patel, the learned Senior Standing Counsel appearing for the Revenue and Mr. Manish J. Shah, the learned counsel appearing for the respondent - assessee. 4. It appears that the Appellate Tribunal while dismissing the appeal filed by the Revenue has placed reliance on its earlier order passed in the case of Quality BPO Services Pvt. Ltd., ITA No.120/Ahd/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. This contention we are not inclined to examine in view of the fact that, admittedly, in the first year of claim of the assessee under Section 10B of the Act i.e. the assessment year 2007-08, such claim was granted. In the subsequent assessment years also, i.e. in the assessment years 2010-11 and 2011-12, such claim was made and accepted by the Department. We may notice that Section 10B pertains to special provisions in respect of newly established hundred per cent export-oriented undertakings. Subsection (1) of Section 10B provides for deduction of profits and gains derived by a hundred per cent export-oriented undertaking from the export of articles or things or computer software for a period of ten consecutive years beginning with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed. 7. We clarify that the Tax Appeal No.439 of 2016 referred to above, came to be dismissed on the ground that if the Revenue had not thought fit to question the certification by the Director, Software Technology Park of India, in the initial year of the claim made by the assessee as well as in the subsequent years, it would not be open for the Revenue to pick one particular year out of the total ten consecutive years that too without offering any explanation for the same. 8. Mr. Patel, invited our attention to paragraph 11.2 of the order passed by the Appellate Tribunal wherein the Tribunal has relied upon the ITAT decision passed by the Delhi Bench in the case of Regency Creators Ltd. vs. ACIT. Mr. Patel, brought to our notice that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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