9911796707
TMI Blog2010 (10) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer for a fresh decision after examining the claim of the assessee as to whether the assessee is eligible for deduction u/s 10B - Appeal filed by the assessee stand allowed for statistical purposes. - ITA No. 2872/Del/2010 - - - Dated:- 26-10-2010 - R.P. Tolani, A.K. Garodia, JJ. R.K. Gupta, Adv., for the Appellant Kishore B. DR, for the Respondent ORDER A.K. Garodia: This is an assessee's appeal filed against the order of Ld CIT(A)-XII, New Delhi dated 25.3.2010 for assessment year 2007-08. 2. The grounds raised by the assessee are as under:- "1(a) That the Ld CIT(A) has erred in dismissing the appeal of the appellant company by upholding the decision of the Assessing Officer that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso called for certain other documents and information. Some reply was submitted by the assessee before the Assessing Officer as per letter dated 12.11.2009. Thereafter, it is noted by the Assessing Officer on page No.2 of the assessment order that on examination of the papers furnished by the assessee, it is revealed that the assessee is not entitled for deduction u/s 10A of the Act. The Assessing Officer issued show cause notice dated 11.12.2009. In reply, it was submitted by the assessee before the Assessing Officer that the assessee is eligible for deduction u/s 10B of the Act and deduction u/s 10A was claimed as a mistake at the end of the auditors. The assessee requested the Assessing Officer to allow deduction u/s 10B in lieu of sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was deriving profit from export of articles or things or computer software manufactured or produced by it and subsequently converted into 100% EOU on getting approval 100% EOU and the period of deduction to be allowed u/s 10B should be the remaining period of 10 consequent assessment years beginning with the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce articles or things or computer software as a DTA unit. It is submitted that in the present case also, the assessee's undertaking was initially set up as a DTA Unit and subsequently it was approved as 100% EOU as per Green Card No.57 dated 27.10.2005 having validity up to 31.3.2010, copy of which is available on pages 46-48 of the pape ..... X X X X Extracts X X X X X X X X Extracts X X X X
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