2019 (6) TMI 1555

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..... r.Pavithran.N, Adv. ORDER PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER: The Revenue filed these appeals against the consolidated order of the Commissioner of Income Tax (Appeals)-1, Chennai, in ITA No.New No.84, 86 & 83/CIT(A)-1/2009-10, 2008-09 & 2009-10 dated 31.07.2018 for the AYs 2004-05 & 2005-06. 2 M/s.CSS Corp. Pvt. Ltd., the assessee is engaged in the business of providing voice based tech .....

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..... 017] 77 taxmann.com 41 (SC), allowed the assessee's appeal. 4. Aggrieved against those orders, the Revenue filed these appeals with the following grounds for both the AYs: 1. The order of the Ld. CIT(A) is contrary to law, facts and circumstances of the case. 2. The Ld. CIT(A) erred in not applying the rationale of the Apex Court decision in M/s.Himatsingike Seida case [2014] 48 taxmann.com 3 .....

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..... ppeal is eligible as it is covered by exception 10(c). 5. For these and other grounds that may be adduced at the time of hearing, it is prayed that the order of the Ld. CIT(A) be set aside and that of the AO restored. 5. The Ld.DR argued the cases on the lines of the grounds of appeal, supra. 6. Per contra, the Ld.AR supported the orders of the Ld.CIT(A) and pleaded that since the Ld.CIT(A) fo .....

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..... g the benefit of adjustment of losses and unabsorbed depreciation etc. commencing from the year 2001-02 on completion of the period of tax holiday also virtually works as a deduction which has to be worked out at a future point of time, namely, after the expiry of period of tax holiday. The absence of any reference to deduction under Section 10A in Chapter VI of the Act can be understand by acknow .....

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..... are substantially different. This is the next aspect of the case which we would now like to turn to".  since the Ld.CIT(A) applied the decision of the Hon'ble Supreme Court, we do not find any reason to interfere with the orders of the Ld.CIT(A). 8. In the result, the appeals filed by the Revenue are dismissed. Order pronounced in the Open Court on 27th June, 2019, in Chennai.
Case law .....

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