2011 (7) TMI 518

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....evenue challenging the order passed by the Tribunal which has held that the assessee is entitled to the benefit of Section 10A by setting aside the order passed by the Assessing Authority as well as the Appellate Commissioner.   2. Assessee was incorporated on 13.03.2002 and commenced business on 01.05.2002. The assessee is a 100% captive center providing software design and development serv....

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....d before STPI on 20.12.2002 was, for seeking approval to establish a. new unit and not for recognizing an existing unit. Therefore, it declined to grant benefit under Section 10A of the IT Act. The appellate-Commissioner held that the undertaking of the assessee in question was not formed by splitting. Therefore he held that it was a maiden business which was commenced on 01.05.2002 and the provis....

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....enced production from 01.05.2002 and the assessee was entitled to the benefit under Section 80HHE. However, after approval was granted by the Director of STPI on 31.12.2002, the assessee was entitled to the benefit of Section 10A of the Act This is supported by the circular No. 1/05 dated 06.01.2005 issued by the CBDT.   4. In fact, this Court had an occasion to consider similar case in the ....