2014 (2) TMI 742

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....ordingly, it filed its return of income admitting the income to be Rs. "Nil" after claiming exemption u/s 10B of the I.T. Act. The appellant filed all the details before the Assessing officer The Assessing Officer completed the assessment u/s 143(3) of the I.T. Act determining the total income at Rs.1,60,10,281/-. While doing so, the Assessing Officer disallowed the claim made u/s 10B of the I.T. Act. 3. Aggrieved, the assessee carried the matter in appeal before the CIT(A). 4. Before the CIT(A), it was submitted that it is an admitted fact that the appellant is an 100% EOU. Further it was submitted that the Assessing Officer observed "an undertaking which is approved as hundred percent export oriented undertaking by the Board appoint....

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....s submitted for kind perusal of the Hon'ble Commissioner of Income- Tax (Appeals). 7. After considering the submissions of the assessee, the CIT(A) confirmed the action of the Assessing Officer by observing as under:    "5.2 I have considered the facts of the case and submissions `of the appellant. As per provisions of section 10B of the Act, the 100% EOU means 'an undertaking which has been approved as a hundred percent export oriented undertaking by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by section 14 of the Industries (Development and Regulation) Act 1951 (65 of 1951), and the rules made under that Act". The approval from Board appointed by the Central Government i....

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....cts are similar to that of this case. In that case, the assessee had claimed deduction under section 10B, whereas, they have not been approved by the Board appointed on this behalf by the Government as required under section 10B but was registered with STPI. In their original order, the Delhi High Court rejected the claim of the assessee for deduction under section 10B. However, on a review petition filed by the assessee the Delhi High Court, set aside the issue to the file of the CIT(A) to consider the alternate claim for deduction under section 10A. 11. The Coordinate Bench of Hyderabad Tribunal in the case of Infotech Enterprises Ltd. vs. JCIT 85 ITD 325 had rejected the assessee's claim for deduction under section 10A on the ground t....