9911796707
TMI Blog2011 (7) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee fulfilled the criteria of having made production before 12th January, 2001 from another premise which was also a STPI area, and after 12th January period, it shifted to new STPI premise. Therefore, pre-condition set by Software Technology Park, Gandhinagar was fulfilled - The assessee also was found having sufficient number of computers and again, software was produced by own employees whos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were not carried out by the assessee-respondent from the area registered under Software Technology Parks of India ("STPI" an autonomous society under the Ministry of Information Technology, Government of India). This information according to the appellant was gathered during the survey under Section 133A and investigation made by the department. 4. Being aggrieved by this, when the same was ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orities, it emerges that the Assessing Officer disallowed the claim of deduction under Section 10A on the ground that; (i) manufacturing did not appear to have been done in custom bounded area as premise was held by one Aaradhya Finance Pvt. Ltd. and not by the assessee company, (ii) company was not in possession of adequate assets and manpower required for carrying out the manufacturing activity, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in free trades zones. CIT (Appeals) was of the opinion that there was a change in the factual position in the present assessment year and that led it to allow the claim under Section 10A of Act of the assessee-respondent. 10. The Tribunal on careful consideration concluded that the assessee was engaged in development of computer software and thereof export, there was a sufficient evidence tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re was no material to show that the assessee has purchased any readymade developed computer software for exporting it. 11. Considering the entire gamut of evidence and appreciating the reasonings enumerated by the Tribunal, this Court finds that the appeal merits no consideration inasmuch as both the Adjudicating Authorities have dealt with the issue with requisite understanding backed by suff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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