9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (9) TMI 440 - AT - Income TaxAllowability of deduction u/s 10A - Held that - From the Tribunal order in AY 2009-10, it is seen that in that year, the matter was restored back to the file of the AO for a fresh decision regarding assessee s claim for deduction u/s 10A of the IT Act, 1961, instead of Sec.10B of the IT Act, 1961 claimed earlier. In the present year also, the entire discussion in the assessment order is regarding allowability of deduction u/s 10B of the IT Act and there was no claim before the AO for deduction u/s 10A of the Act in the present year also. Hence, we find force in the submissions of the ld. DR of the revenue that the matter should go back to the file of the AO in the present year also as has been restored back by the Tribunal in AY 2009-10.
Issues:
- Appeal against order of CIT(A) for assessment year 2010-11. - Allowability of deduction under section 10A. - Claiming deduction under section 10B instead of 10A. - Interpretation of nature of services rendered. - Compliance with prescribed forms for deduction. Analysis: 1. The appeal was made against the order of the CIT(A) for the assessment year 2010-11. The Revenue raised multiple grounds challenging the decision of the CIT(A). The primary issue revolved around the allowability of deduction under section 10A of the Income Tax Act, 1961. 2. The Revenue contended that the CIT(A) erred in allowing the deduction under section 10A without proper appreciation of the facts and circumstances. Specifically, it was argued that the CIT(A) did not follow the directions of the ITAT in a previous case related to the same assessee for the assessment year 2009-10. The Revenue emphasized that the matter should have been remanded back to the Assessing Officer (AO) for fresh consideration. 3. The nature of services rendered by the assessee was a crucial aspect of the dispute. The Tribunal order in the earlier assessment year highlighted the importance of examining whether the services fell within the scope of data processing and content development as per the provisions of section 10A/10B of the Act. The Tribunal emphasized a broad interpretation of 'data processing' to align with the objective of enhancing foreign exchange earnings. 4. Another significant issue was the assessee's initial claim for deduction under section 10B instead of section 10A. The Tribunal directed that the matter be reconsidered by the AO for deduction under section 10A, as per the observations made in the earlier order related to the assessment year 2009-10. The Tribunal stressed the need for a fresh examination by the AO in light of the specific provisions of section 10A. 5. The compliance with prescribed forms for claiming deductions under section 10A was also a point of contention. The Revenue argued that the assessee did not furnish the required forms along with the return of income, as mandated by the Act. The Tribunal reiterated the importance of adhering to the statutory requirements for claiming deductions under different sections of the Act. 6. Ultimately, the Tribunal allowed the appeal filed by the Revenue for statistical purposes, setting aside the order of the CIT(A) and remanding the matter back to the AO for a fresh decision. The Tribunal emphasized the need to follow the directions given in the earlier Tribunal order related to the same assessee for the assessment year 2009-10.
|
