2013 (1) TMI 1006 - HC - Income Tax

Summary

Issues involved: Interpretation of Sections 10A and 10B of the Income Tax Act, failure of CIT(A) and Tribunal to consider alternative claim for entitlement under Section 10A.

Summary:
The High Court judgment addressed the issue of entitlement to benefits under Sections 10A and 10B of the Income Tax Act. The applicant had succeeded before the Tribunal in claiming benefits under Section 10B based on STP clearance/approval under Section 10A. However, the Court ruled that separate regimes exist for Section 10A and Section 10B, negating the plea for approval under Section 10B based on Section 10A approval. The applicant contended that the CIT(A) and Tribunal had not considered the alternative claim for entitlement under Section 10A. The Court directed the Tribunal to review the relevant documents and ascertain if the applicant is entitled to the benefits of Section 10A. The previous judgment was modified, and the Tribunal was instructed to pass appropriate orders after hearing both parties.