TaxTMI 
TaxTMI 
2013 (8) TMI 561
X X X X Extracts X X X X
X X X X Extracts X X X X
....ial questions of law:- "1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee's unit which was only engaged in executing job work for the foreign companies under agreements with them and which has not exported any articles or things or computer software was entitled to exemption under Section 10B? 2. Without prejudice to the above questions, whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee was eligible for exemption under Section 10B even though the eight year period commencing from the assessment year 1984-85 for claiming the exemption ended with the assessment year 1991-92 and the a....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... got as 100% EOU on 4.9.1989, the assessee claimed exemption under Section 10B of the Income Tax Act (hereinafter referred to as 'the Act'). On the relief being rejected, the assessee went on appeal before the Commissioner of Income Tax (Appeals). The claim of the assessee was allowed by the Commissioner of Income Tax (Appeals). A reading of the order of the Commissioner relating to assessment year 1993-94 showed that he followed the appeal orders for the assessment years 1994-95 and 1995-96, thereby, allowed the assessee's appeal. Aggrieved by the same, the Revenue went on appeal before the Income Tax Appellate Tribunal. It is seen from the order passed by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal relat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tion since December, 1989. It is further stated that by the year ending 30.6.1988, it became a sick company and thereafter alone, it entered into the foreign collaboration. It is stated that it claimed EOU status from 1993-94. It is further stated that after 30.6.1988, the assessee started a new project. Thus, on the claim of the assessee for 100% deduction under Section 10B of the Act, rejected by the Assessing Officer, the assessee went on appeal before the Commissioner of Income Tax (Appeals). 7. A reading of the order of the Commissioner of Income Tax (Appeals) dated 18.3.1997 passed in ITA.No. 861/C/96-97 shows that originally the assessee asked for conversion of the existing industrial undertaking into a 100% EOU for the manufacture ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... benefit of exemption under Section 10B of the Income Tax Act by the Income Tax Department, the Development Commissioner further clarified that the Secretariat for Industrial Approvals in the Ministry of Industry was responsible for the issue of approval letters for an entrepreneur who intends to set up 100% EOU and it was also clarified that the approval by the Secretariat was communicated by the Director or Under Secretary dealing with the subject. After complying with all the formalities, the assessee was issued Green Card. Communication to that end was also issued and as per letter dated 30.12.88 and Licence No. 1/89 (100% EOU) dated 14.8.89, the assessee was permitted to commence commercial production with effect from 4.9.1989. With re....