2011 (7) TMI 531

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....wing factual background, present Tax Appeal arises.   2. For the assessment year 2001-2002, the Assessing Officer had disallowed the amount of Rs.2,39,15,437/- claimed by the assessee-respondent as deduction under Section 10A of the Income Tax Act (hereinafter referred to as "the Act").   3. Disallowance had come mainly on the premise that manufacturing operations were not carried ....

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....the disallowance of deduction u/s.10A of the act amounting to Rs.2,39,15,437/-.?"   6. Heard Senior Counsel Mr.Manish Bhatt for the Revenue. It emerges that both the CIT (Appeals) and Income Tax Appellate Tribunal have concurrently held in favour of the assessee for the assessment under-challenge as well as for the earlier assessment year.   7. On considering the orders of the Adju....

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....ncluded that the claim under Section 10A of the Act violated provisions of Section 10A(6)(i) of the Act, and accordingly, this deduction claimed was disallowed.   9. CIT (Appeals) allowed the claim of the assessee by holding that the assessee-respondent had complied with the substantive part of condition laid down under Section 10A of the Act which is a special provision in respect of newl....

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.... another premise which was also a STPI area, and after 12th January period, it shifted to new STPI premise. Therefore, pre-condition set by Software Technology Park, Gandhinagar was fulfilled, as per the conclusion of the Tribunal. The assessee also was found having sufficient number of computers and again, software was produced by own employees whose salaries and allowances to the tune of Rs.31,7....