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TMI Blog2015 (6) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted by the assessee. Before the Tribunal, the assessee however submitted the report of the auditor in Form 56F and taking the same on record, the Tribunal restored the issue to the file of the A.O. with a direction to consider and decide the alternative claim of the assessee for deduction under section 10A relying on the decision of Coordinate Bench of the Tribunal in the case of Cloud Softek [2014 (2) TMI 742 - ITAT HYDERABAD] wherein it was held that if the assessee is held to be not entitled to deduction under section 10B, his alternative claim for deduction under section 10A should be considered. The ratio of these decisions of the Tribunal, in our opinion, is clearly applicable in the present cases and respectfully following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns: 1. The assessee has not been recognized as 100% Export Oriented Undertaking (EOU) by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by the Sec.14 of the Industries (Development and Regulation) Act, 1951 and the rules made under the Act. 2. After considering the information available and also the facts of the case, it is held that the deduction claimed U/s.10B at ₹ 34,95,030/- is not allowable in the assessee's case, as the assessee-firm is not approved as a 100% Export Oriented Undertaking by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by Sec.14 of the Industries (Development and Regulation) Act, 1951 (65 of 1951) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Development Commissioner has been examined in the Board. It has been decided that an approval granted by the Development Commissioner in case of an 100% EOU unit will be considered valid once such approval is ratified by the Board of Approval for EOU Scheme. 5. In the light of the discussion made above, the approval accorded by STPI cannot be equated with that approved/ratified by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by Sec.14 'of the Industries (Development and Regulation) Act, 1951 (65 of 1951). In this view of the matter, the assessee is not entitled for claim of deduction U/s.10B of the I.T. Act, 1961 and the same is accordingly denied. 6. Reference in this reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pport of its claim for deduction under section 10A. Keeping in view this new alternative claim raised by the assessee for the first time before him and the additional evidence filed in support thereof for both the assessment years under consideration, remand report was sought by the Ld. CIT(A) from the A.O. In the remand report submitted to the Ld. CIT(A), the A.O. objected to the new alternative claim raised by the assessee for deduction under section 10A on the ground that the same should have been made by the assessee by filing a revised return as held by the Hon'ble Supreme Court in the case of Goetz (India) Ltd., 284 ITR 323. The Ld. CIT(A) however admitted the additional ground raised by the assessee relating to its alternative cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m was not entertained by the Ld. CIT(A) on the ground that the required report of the auditor in Form 56F for claiming deduction under section 10A had not been submitted by the assessee. Before the Tribunal, the assessee however submitted the report of the auditor in Form 56F and taking the same on record, the Tribunal restored the issue to the file of the A.O. with a direction to consider and decide the alternative claim of the assessee for deduction under section 10A relying on the decision of Coordinate Bench of the Tribunal in the case of Cloud Softek in ITA.No.483/Hyd/2013 dated 13.09.2013 wherein it was held that if the assessee is held to be not entitled to deduction under section 10B, his alternative claim for deduction under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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