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2015 (3) TMI 220

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..... nder Income-tax Act, in which each year is an independent unit of assessment, the CIT(A) sustained the disallowance made by the Assessing Officer. In the absence of anything to the contrary brought on record by the assessee, we do not find any justification to interfere with the orders of the Revenue authorities on this aspect. Claim u/s 10A - Held that:- It has been averred that the CIT(A) in the course of appellate proceedings, enquired with the officials of the assessee company, whether they could furnish the report in Form 56F if the matter was remanded to the file of the Assessing Officer for examination of alternative claim of the assessee under S.10A of the Act, and the said enquiry by the CIT(A) was responded by the officials in .....

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..... exemption under S.10B of the Act, amounting to ₹ 63,65,260. Assessee was registered with STPI, Hyderabad and had claimed a deduction under S.10-B of the Act on an income of ₹ 63,65,260. Assessee had been permitted to set up the STP Unit by the Director, STPI, Hyderabad However, it had not obtained the approval of the Board/Ratification by Inter Ministerial Standing Committee, appointed by the Ministry of Industry, Department of Industrial Development as envisaged in clause (iv) to Explanation 2 to S.10B. In the absence of such approval, the Assessing Officer disallowed the deduction claimed under S.10B of the Act, and completed the assessment on a total income of ₹ 65,10,000, vide order of assessment dated 9.12.2011, passe .....

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..... no justification for the disallowance in the year under appeal. Observing that principle of res judicata does not apply to the proceedings under Income-tax Act, in which each year is an independent unit of assessment, the CIT(A) sustained the disallowance made by the Assessing Officer. In the absence of anything to the contrary brought on record by the assessee, we do not find any justification to interfere with the orders of the Revenue authorities on this aspect. 7. As for the alternative claim of the assessee for relief under S.10A of the Act made before the CIT(A), the CIT(A) declined even to entertain the additional grounds of the assessee, notwithstanding the reliance placed by the assessee on the decision of the coordinate bench .....

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