9911796707
TMI Blog2016 (1) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... g Committee. It is also noted that for A.Y. 2008-09, the claim of the assessee, identically, was allowed and the claimed deduction was granted u/s 10B of the Act. This factual matrix was not controverted by the Revenue. In view of this factual position, unless and until, contrary facts are brought to our notice, the department is not expected to deny the claimed deduction. We further observe that in the absence of rectification from IMSC, no green card can be issued by the designated officer. It is just like a single window system and to avoid constrains to the assessee and further to mitigate the hardship for the development of software, such type of facilities are provided to entrepreneurs, therefore, we find no infirmity in the conclusio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the issue in hand is covered in favour of the assessee by the decision from Hon'ble jurisdictional High Court in CIT vs Western Outdoor Interactive Pvt. Ltd. (ITA Nos.1150, 1200 and 1269 of 2010) order dated 14/08/2012 (copy supplied by the assessee). It was also contended that for A.Y. 2008-09, identical deduction was granted to the assessee. 2.2. We have considered the rival submissions and perused the material available on record. The facts, in brief, are that the assessee, a private limited company, is engaged in the business of software development, registered with software technology park of India (STPI), involved in software development with very high analytical mathematical and statistical contents. The assessee company devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was that the approval of the unit are registered in STP/ESTP, granted by the designated Officer from the ministry of communication & technology instead of Board of approval. 2.3. On appeal, before the ld. First Appellate Authority, the claimed deduction was granted to the assessee against which, the Revenue is aggrieved and is in appeal before this Tribunal. 2.4. If the observation made in the assessment order, leading to addition made to the total income, conclusion drawn in the impugned order, material available on record, assertions made by the ld. respective counsel, if kept in juxtaposition and analyzed, under the facts narrated hereinabove, we note that even before the ld. Assessing Officer, necessary details like STP registration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Secretary, Govt. Of India, Ministry of Information Technology and Chairman Inter Ministerial Standing Committee. It is also noted that for A.Y. 2008-09, the claim of the assessee, identically, was allowed and the claimed deduction amounting to ₹ 3,24,70,565/- was granted u/s 10B of the Act. This factual matrix was not controverted by the Revenue. In view of this factual position, unless and until, contrary facts are brought to our notice, the department is not expected to deny the claimed deduction. Our view is fortified by the decision dated 14/08/2012 from Hon'ble jurisdictional High Court in the case of Western Outdoor Interacting Pvt. Ltd. (IT Appeal No.1150, 1200 and 1269 of 2010). The Hon'ble High Court in this case held that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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