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TMI Blog2019 (8) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... rused the scrutiny assessment under Section 143(3) of the Act, from which, we find that there is absolutely no discussion nor there is anything to indicate that the Assessing Officer, while completing the scrutiny assessment on 04.10.2011, had taken into consideration these facts and more particularly the date, from which, the assessee is entitled to claim the benefit under Section 10A. Re-assessment is within four years and under Section 147 AO has got powers to assess and re-assess. This aspect was elaborately gone into by the Assessing Officer while completing the re-assessment and subsequently by the CIT(A) by re-appreciating the factual position and once again by the Tribunal by further re-appreciating the factual position and notin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f assessment under Section 147 on the basis of change of opinion is valid ? ii. Whether the Tribunal was right in law in holding that the appellant is not entitled to deduction under Section 10A(1) of the Act for the assessment year 2009-10 when the date of manufacture/production of computer software as 23.3.2000 relevant to assessment year 2000-01 was undisputed? iii. Whether the Tribunal was right in law in holding that the period of ten consecutive assessment years for computing deduction under Section 10A(1) should be considered from 1998-99 even though the approval for setting up a 100% export oriented unit under the STPI Scheme for the development/manufacture of computer software was granted only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 and when the assessee filed the statutory form in Form 56FS furnishing the details relating to the claim made by the assessee for deduction under Section 10A of the Act, the date of commencement of manufacture or production was wrongly stated as 03.10.1997, which referred to the date of incorporation of the company i.e. 06.10.1997. According to the learned counsel, this aspect of the matter was not taken into consideration by the Assessing Officer while completing the assessment under Section 147 of the Act and the Commissioner of Income Tax (Appeals)-1, Coimbatore [for short, the CIT(A)] also brushed aside the same and further, the Tribunal wrongly confirmed the order passed by the CIT(A). 7. At the first blush, we were ..... X X X X Extracts X X X X X X X X Extracts X X X X
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