2014 (6) TMI 805 - AT - Income Tax

Allowability of deduction u/s 10A - AO rejected the claim for deduction u/s. 10B Before the first appellate authority the assessee put an alternative claim viz. the deduction under sec. 10A - Software Technology Parks of India (STPI) - approval was not granted by a proper authority u/s. 14 of the Industries (Development and Regulation) Act certifying the assessee as 100% Export Oriented Unit (EOU) - Held that - Following The Income Tax Officer Versus M/s. Device Driven (India) Pvt. Ltd. 2013 (12) TMI 477 - ITAT COCHIN - the alternative claim made by the assessee claiming deduction u/s 10A should be considered by the tax authorities - the claim requires examination of the eligibility of the assessee to claim the same and further it requires to be seen as to whether the assessee has complied with the procedures prescribed u/s 10A of the Act thus the order of the CIT(A) is set aside and the matter is remitted back to the AO for examination of the claim for deduction u/s 10A of the Act Decided in favour of Assessee.

Summary

Issues:
- Consideration of alternative claim for deduction u/s. 10A of the Act in case of denial of deduction u/s. 10B.

Analysis:
1. The appeal involved a dispute regarding the non-consideration of the alternative claim of the assessee for deduction under section 10A of the Income Tax Act, 1961, in case the deduction under section 10B was denied. The assessee initially claimed deduction u/s. 10B based on approval from the Director, Software Technology Parks of India (STPI). However, the Assessing Officer held that only approval by a proper authority under section 14 of the Industries (Development and Regulation) Act could be considered for deduction u/s. 10B. The AO relied on a decision by the Hon'ble High Court of Delhi and rejected the claim for deduction u/s. 10B.

2. The assessee appealed this decision before the Ld. CIT(A) and also put forth an alternative claim for deduction u/s. 10A. The Ld. CIT(A) dismissed the appeal, stating that the decision of the Hon'ble Delhi High Court applied to both u/s. 10B and u/s. 10A. The assessee then appealed to the ITAT, arguing that the decision in question pertained only to u/s. 10B, citing another decision by the Delhi High Court supporting the approval by the Director, STPI for deduction u/s. 10A.

3. The ITAT analyzed the interpretations of the decisions by the Hon'ble Delhi High Court and observed that the decision in question did not consider the procedures prescribed under section 10A of the Act. The ITAT held that the alternative claim for deduction u/s. 10A should be considered by the tax authorities, as per a previous decision by the Tribunal allowing such claims. The ITAT set aside the Ld. CIT(A)'s order and directed the assessing officer to examine the claim for deduction u/s. 10A, ensuring compliance with the prescribed procedures and providing the assessee with a hearing opportunity.

4. Ultimately, the ITAT allowed the appeal for statistical purposes, emphasizing the need for a thorough examination of the eligibility and compliance of the assessee with the provisions of section 10A of the Act. The judgment highlighted the importance of considering alternative claims and following due process in assessing deductions under the Income Tax Act, 1961.