9911796707
TMI Blog2017 (7) TMI 1252X X X X Extracts X X X X X X X X Extracts X X X X ..... e case in directing the AO to delete the additions made by the AO with regard to the deduction availed u/s 10A for unit 4, by ignoring the facts recorded by the AO in his assessment order. 2. On the facts and circumstances of the case and in law, The Ld. CIT(A) erred in law and in facts of the case fc . not considering the fact that the assessee has not fulfilled the conditions laid u/s 10A of the Act and was neither set up under STP and nor custom bonded at the time of the set up of establishment. 3. On the facts and circumstances of the case and in law The Ld. CIT(A) erred in law and in facts of the case by not considering the fact that the decisions relied upon by the Ld. CIT(A) has already been challenged before various appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 10A/10AA of the Act on other income amounting to Rs. 24,43,45,880/-. Aggrieved, the assessee filed appeal before the Ld. CIT-A, who allowed part relief to the assessee. Aggrieved, the Revenue is in appeal raising the grounds as reproduced above. 4. In the grounds raised, the Revenue is aggrieved with disallowance of deduction under section 10A with respect to unit - 4, amounting to Rs. 15,94,71,545/- deleted by the Ld. CIT-A. 5. Before us, Ld. CIT(DR) relied on the order of the Assessing Officer and submitted that orders of the ITAT relied upon by the Ld. CIT-A has been challenged before the Hon'ble High Court and therefore requested that issue may be decided on the merit. None attended on behalf of the assessee. 6. We have hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assessee has claimed exemption of income u/s 10A of the IT Act, which is derived from a unit. not set up in accordance with the STPI scheme, and hence the same is to be denied. The claim of deduction u/s 10A for unit 4 of the corresponding amount of Rs. 15,94,71,595/- is disallowed b% the AO. 4.1.2 It is seen that identical disallowance was made by the AO on the above issue in the case appellant for the AY 2001-02, 2003- 04, 2004-05, 2006-07, 2007-08 and 2008-09 and the issue was decided by Hon'ble 1TAT Bangalore in favour of the appellant as under:- "2.21 This Bench in the case of Infosys Technology has held that if the first sale is effected after the unit is recognized as STP, then the assessee is entitled to benefit of s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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