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2010 (9) TMI 1093

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..... This appeal preferred by the Revenue is directed against the order passed by the CIT(A) V, Hyderabad dated 16.12.2009 and pertains to assessment year 2006-07. 2. The Revenue raised the following ground: The CIT(A) erred in facts and in law in ignoring the fact that the assessee s business is not approved by the Board appointed by the Central Govt. in exercise of powers u/s 14 of the Indust .....

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..... ia) means any park set up in accordance with the software technology park scheme notified by the government in the Ministry of Commerce and Industry. The deduction u/s 10B as claimed has been denied in the case under consideration by the department only on the ground that software technology park scheme as notified stipulates that the entity STP must be approved by the Board and mere approval by t .....

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..... e it is an internal matter of the govt. Therefore, once STP approves the unit as a 100% export oriented undertaking, it should be allowed deduction u/s 10B provided it complies with other conditions as specified in that section. S.10B is a special incentive provision introduced by the legislature in order to promote exports of computer software/IT enabled services and therefore the same ought to b .....

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..... 0B of the Act. We accordingly, set aside the impugned order of the CIT(A), and direct the assessing officer to allow the assessee s claim for exemption u/s 10B of the Act, allowing the grounds of the assessee in this behalf. 4. Respectfully following the same, we are inclined to dismiss the appeal of the Revenue and decide the issue in favour of the assessee. 5. In the result, the appeal of .....

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