2013 (10) TMI 318

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....eated the same as income u/s. 68, without appreciating facts that the assessee had no technical and infrastructure facilities to produce the software?" 2. For the assessment year 2003-2004, the assessee filed the return. The question that has been raised in the present appeal is with regard to disallowance under Section 10A of the Income Tax Act, 1961 (herein after referred to as 'the Act' for short), by the Assessing Officer, on the ground that the conditions laid under Section 10A(2)(i) of the Act have not been satisfied, when challenged by the assessee before CIT(Appeals), by passing the detailed order, it sustained the claim of the assessee. Therefore, the Revenue challenged the same before the ITAT and the Tribunal concurred with th....

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....the Bank Certificate for Export and Realization had indicated the date of invoice, which was 30th March, 2000. It further noted that the certificate of STPI had authorized the company to export the software worth $2,000/-, which gave the description of the goods sold as Attendance Control System (ACS). With regard to the date of the contract made with the MS Technology which was prior to the date of invoice, the CIT(Appeals) rightly noted that the permission from the Software Technology Parks of Indian (STPI), an autonomous society under Ministry of Information Technology, Government of India, was received on 29th March, 2000 and the date of invoice was, in fact, 30th March, 2000. However, getting order on an earlier date i.e. 18.03.2000, m....