2011 (2) TMI 196 - AT - Income Tax

Exemption u/s 10A - The undertaking was already engaged in exporting software before it became a STP unit - The STP was notified in March, 1993 but not in Software Technology Park - In the year 2001, a company was formed by conversion of the firm and it started production in STP unit after getting approval - Thereafter only the undertaking claimed exemption u/s 10A of the IT Act - The claim of the assessee is supported by Board Circular No.1/2005, where it has been clearly held that undertaking set up in Domestic Tariff Area (DTA), which is subsequently approved as 100% export oriented, is entitled to relief u/s 10B of the IT Act provided the undertaking shall get relief only for the remaining period of ten consecutive years beginning with assessment year in which the undertaking begins to manufacture computer software as a DTA unit - Held that the assessee is entitled to deduction u/s 10A of the Act - Decided in favour of assessee.

Summary

Issues:
1. Dismissal of general nature grounds in appeal.
2. Levy of interest under sections 234B and 234C of the IT Act.
3. Disallowance of deduction under section 10A of the Act.

Analysis:

Issue 1: Dismissal of general nature grounds in appeal
The appeal by the assessee was directed against the order of the CIT(A)-I, Bangalore. Ground nos. 1.1 and 5.1 were deemed general in nature, leading to their dismissal without adjudication.

Issue 2: Levy of interest under sections 234B and 234C of the IT Act
Ground Nos. 3.1 and 4.1 specifically related to the levy of interest under sections 234B and 234C of the IT Act. The Tribunal deemed the levy of interest under these sections as mandatory and consequential, resulting in their dismissal.

Issue 3: Disallowance of deduction under section 10A of the Act
The primary issue revolved around the disallowance of the assessee's claim of deduction under section 10A of the Act. The assessee, a company engaged in providing software services, claimed the deduction for the first time during the relevant assessment year. The Assessing Officer (AO) proposed disallowance citing non-satisfaction of conditions under section 10A(2)(i)(b) and (c) and section 10A(2)(iii) of the IT Act. The AO rejected the claim based on STPI approval and conversion of the existing unit into an STP unit. The CIT(A) upheld the AO's decision, leading to the appeal before the ITAT.

Judgment and Conclusion
The ITAT, after considering precedents and legal arguments, allowed the appeal filed by the assessee. Citing judgments from the Punjab and Haryana High Court and previous Tribunal orders, the ITAT held that the existing unit's conversion into an STP unit made the assessee eligible for deduction under section 10A of the Act. The ITAT's decision was based on the interpretation of relevant legal provisions and established case law, leading to the allowance of the appeal and granting the deduction under section 10A to the assessee.