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TMI Blog2013 (12) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... on states that the Software Technology Park (STP) Scheme is a 100 per cent. export-oriented undertaking scheme – The registration certificate was produced only before CIT(A) but not before AO – The issue set aside for denovo assessment after consideration of necessary material. - ITA Nos. 1887 & 1888/HYD/2011 - - - Dated:- 23-11-2012 - SHRI CHANDRA POOJARI AND SMT. ASHA VIJAYARAGHAVAN, JJ. For the Appellant: Shri R. Laxman For the Respondent : Shri Anil Saraf Order Smt. Asha Vijayaraghavan (Judicial Member).- Both these appeals filed by the Revenue are directed against the respective orders of the Commissioner of Income-tax-IV, Hyderabad, for the assessment years 2005-06 and 2008-09. Since, identical issues are involve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... envisaged in the provisions of section 10B was not furnished. The Assessing Officer held that statutory approval by the Board as a 100 per cent. export-oriented undertaking has to be obtained for availing of exemption under section 10B. He further held that a 100 per cent. exportoriented undertaking under the STP Scheme cannot be equated with a 100 per cent. export-oriented undertaking approved by the Board as held in Infotech Enterprises Ltd. v. Joint CIT [2003] 85 ITD 325 (Hyd). The Assessing Officer, therefore, concluded that the assessee failed to submit the necessary approval of the Board as required under section 10B and further the assessee-company failed to submit "ratification" by the Development Commissioner as envisaged in the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing and conforming that it had submitted a copy of this approval to IMSC ; and (iii) a copy of the Export Import Policy 2002-2007 issued by the Director General of Foreign Trade. 8. After considering the submissions of the assessee and following the decision of the jurisdictional Bench of the Income-tax Appellate Tribunal, Hyderabad, in the case of Smt. K. Sudha Rani v. ITO in I. T. A. No. 1750/ Hyd/2008 dated October 30, 2009, the Commissioner of Income-tax (Appeals) held that the assessee is considered as eligible for deduction under section 10B in view of the registration of the assessee with the Software Technology Park as a 100 per cent. export-oriented undertaking. He, therefore, directed the Assessing Officer to allow the claim o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this issue and perused the material on record. Before the Commissioner of Income-tax (Appeals), the assessee produced the registration from Software Technology Park of India which was notified by the Ministry of Commerce, Government of India vide Notification No. 33/(RE)/92-97 dated March 22, 1994. The notification states that the Software Technology Park (STP) Scheme is a 100 per cent. export-oriented undertaking scheme. Further the assessee produced copy of the order of the Tribunal in the case of K. Sudha Rani cited supra. Placing reliance on this order, the Commissioner of Incometax (Appeals) allowed the claim of the assessee but the Assessing Officer has no occasion to consider the same. Hence, in our opinion, it is just and fair to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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