2012 (11) TMI 1122 - AT - Income Tax

Tribunal affirms assessee's eligibility for deduction u/s 10B based on separate auditor's reports

The Tribunal upheld the order of the ld. CIT (A) and dismissed the Revenue's appeal challenging the eligibility of an assessee for deduction u/s 10B based ... - Issues involved: The judgment deals with the eligibility of an assessee for deduction u/s 10B of the Act for export of computer software from two units, one at Chennai and the other at Delhi, based on the submission of separate auditor's reports for each unit.Summary:Issue 1: Eligibility for deduction u/s 10B based on submission of separate auditor's reportsThe Revenue challenged the order on the grounds that the assessee, engaged in the business of export of computer software from two units, failed to fulfill the required conditions for claiming deduction u/s 10B as separate auditor's reports in Form No.56G for each unit were not filed. The assessee contended that it had been claiming the deduction for eight consecutive assessment years and that the department had accepted the claim in earlier years. The Tribunal noted that both units were 100% export-oriented, approved by Software Technology Park of India, and engaged in export of computer software. The Tribunal analyzed the language of section 10B and found that the assessee had complied with the necessary information requirements under the Act. The Tribunal also observed that the amendment in section 10B made the export of computer software eligible for deduction, subject to specified conditions, which the assessee had met. The Tribunal upheld the order of the ld. CIT (A) and dismissed the Revenue's appeal, affirming the stand of the ld. CIT (A).Final Decision:The appeal of the Revenue was dismissed, and the order was pronounced in open court on 16.11.2012.