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TMI Blog2015 (10) TMI 1501X X X X Extracts X X X X X X X X Extracts X X X X ..... r alternatively under section 10A of the Act. 2. The main issue in the appeal of the assessee is that the Commissioner of Income Tax (Appeals) erred in holding that assessee was not entitled to claim relief under section 10A only on the technical ground that the claim had been made under section 10B in the return of income for the assessment year under consideration and not under section 10A in respect of its profit derived from its 100% EOU from export of computer software registered with STPI. The assessee filed return of income on 29.09.2011 claiming deduction under section10B of the Act. Assessment was completed under section 143(3) of the Act on 12.12.2013 denying the claim of the assessee for deduction under section 10B of the Act. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore Assessing Officer was right in denying the claim of the assessee. The Commissioner of Income Tax (Appeals) was of the view that since the assessee has not claimed deduction under section 10A in the return of income, the assessee cannot claim exemption under section 10A in the appellate proceedings. 3. Authorized Representative for the assessee submits that assessee was claiming deduction under section 10B all along from the assessment year 2004-05. However, during this assessment year assessee filed form No.56F claiming deduction under section 10A but it was wrongly mentioned in the return that claim was made under section 10B of the Act. Authorized Representative for the assessee submits that assessee satisfies all the conditions l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee that claim was made under section 10A and all the conditions stipulated under section 10A were complied with. It was the submission of the assessee that its unit was granted approval for setting up of STPI unit by the Director of Software Technology Park of India which is a 100% export oriented undertaking. It was the submission of assessee that in case deduction under section 10B is not allowable, deduction under section 10A should be allowed. 6. The Hon'ble Delhi High Court in the case of CIT Vs. Regency Creations Pvt.Ltd. (353 ITR 326) held that in order to claim exemption under section 10B, an undertaking must have been approved by the Board appointed in this behalf by the Central Government in exercise of powers conferred by se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orrectly, the fact remained that if the claim could be favourably considered under any of those special deduction provisions and on the conditions specified therein being satisfied, there did not exist any justifiable ground for the Revenue to contend that the assessee shall not be entitled to have the benefit of section 10A. The assessee was entitled to exemption under section 10A." 8. Respectfully following the said decision, we set aside the orders of lower authorities and remit the matter back to the file of Assessing Officer with a direction to consider the claim of the assessee under section 10A after examining the allowability of the claim afresh in accordance with law and in light of the above observations. 9. In the result, appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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