2014 (4) TMI 425 - AT - Income Tax

Deletion of disallowance u/s 10B of the Act Held that - The contention of the assessee that the benefit u/s 10B is no more available to the assessee in view of the later judgment of CIT Vs Regency Creations Ltd. 2012 (9) TMI 627 - DELHI HIGH COURT is accepted CIT(A) granted relief u/s 10A in principle contrary to its specific denial by the AO - thus, the order of the CIT(A) is set aside and the matter is remitted back to the AO for examination of the assessee s claim as per section 10A of the Act Decided in favour of Revenue.

Summary

Issues:
1. Deletion of disallowance under section 10B for Assessment Year 2008-09.
2. Granting of relief under sections 10B and 10A for Assessment Year 2008-09.
3. Granting of relief under sections 10A and 10B for Assessment Year 2009-10.

Analysis:

Issue 1: Deletion of disallowance under section 10B for Assessment Year 2008-09
The primary issue in this appeal was the deletion of disallowance amounting to Rs. 1,25,73,580/- made by the Assessing Officer under section 10B of the Income-tax Act, 1961. The assessee, engaged in computer-aided design services, claimed relief under section 10B but did not obtain the necessary certificate from the appropriate competent authority appointed by the Central Government. The Assessing Officer disallowed the claim based on this non-fulfillment of conditions. The CIT(A) upheld the assessee's contention regarding the availability of benefit under section 10B. However, considering a later judgment by the Delhi High Court, the ITAT overturned the CIT(A)'s decision and restored the view taken by the Assessing Officer, directing a reexamination of the claim under section 10A.

Issue 2: Granting of relief under sections 10B and 10A for Assessment Year 2008-09
The ITAT acknowledged that the benefit under section 10B was no longer available to the assessee due to a judgment by the Delhi High Court. The alternative prayer for relief under section 10A was considered, and the matter was remanded to the Assessing Officer for examination based on the judgment in a related case. Consequently, the appeal of the Revenue was allowed, and the Cross objection of the assessee was allowed for statistical purposes.

Issue 3: Granting of relief under sections 10A and 10B for Assessment Year 2009-10
In the appeal for Assessment Year 2009-10, the Revenue challenged the granting of relief under section 10A by the CIT(A). The CIT(A) negated the claim for relief under section 10B but accepted the claim under section 10A in principle, remitting the matter for verification of foreign exchange realization. The ITAT agreed with the CIT(A) on the non-availability of benefit under section 10B. However, as the conditions for relief under section 10A were not fully examined, the ITAT set aside the order and remanded the matter to the Assessing Officer for a fresh examination of the claim under section 10A, specifically regarding foreign exchange realization.

In conclusion, the ITAT's judgments in these appeals addressed the issues of disallowance under section 10B and the granting of relief under sections 10A and 10B for the respective assessment years, ensuring compliance with legal provisions and precedents set by higher courts.