9911796707
TMI Blog2017 (7) TMI 1252X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing exemption u/s 10A for units 2, 3 and 4. In respect of unit 4, the deduction is held as admissible as the first invoice is raised after STPI approval. - Decided in favour of assessee. - ITA No. 5197/Del/2014 - - - Dated:- 31-7-2017 - SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER For The Appellant : Ms. Sefali Sawrop, CIT (DR) For The Respondent : None ORDER PER O.P. KANT, A.M.: This appeal by the Revenue is directed against order dated 26/06/2014 of the Commissioner of Income-tax (Appeals)-XVI, New Delhi (in short the CIT-A ) for assessment year 2009-10, raising following grounds: 1. On the facts and circumstances of the case and in law, the Id.CIT(A) has erred in la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 159,471,595 Unit 5 10A 97,298,816 Unit 6 10A 418,822,413 Unit 7 10A 28,589,496 Hyderabad 2 10A 161,349,923 Hyderabad 3 10A 77,677,634 Noida 2 10AA 10,603,156 Gurgaon Unit 10A 200,554,750 Gurgaon Unit 10A 174,427,836 Total 1,328,795,619 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the order of the ITAT, Bangalore bench for assessment year 2001-02, 2003-04, 2004-05, 2006-07, 2007-08 and 2008-09. The Ld. CIT-A has summed up the grievance of the Revenue and decided the issue following the order of the Tribunal as under: 4.1.1 I have carefully considered the submissions of the A/R of the appellant company, the facts of the case as well as the findings of the A.O. Ground no. 1 of appeal is general in nature and not pressed for by the appellant. Therefore, no adjudication is called for. In ground nos. 2 3 of appeal the appellant has taken the plea that AO has erred by holding that the STPI unit 4 is not eligible for deduction under Section 10A of the Act. The assessee company is engaged in the business of provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee has demonstrated that first invoice has been raised after it has obtained the approval of STPI. Thus, the issue of claim of exemption u/s 10A is covered by the decisions of this Bench vide order dt. 5th July, 20005 in ITA no. 101/Bang/140 for the asst. 1997-98 in the case of M/s Infosys Technologies ltd. Following that order, we hold that the Id. CIT(A) was justified in allowing exemption u/s 10A for units 2, 3 and 4. In respect of unit 4, the deduction is held as admissible as the first invoice is raised after STPI approval. As the facts and circumstances are identical, therefore, the above decision of Hon ble 1TAT in the assessee s own case is squarely applicable to the issue in the appeal. Therefore, respectfully follo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
