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2014 (4) TMI 425

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....h ORDER Per R. S. Syal , AM: These two appeals by the Revenue for the assessment years 2008- 09 and 2009-10 and one Cross Objection by the assessee for the assessment year 2008-09 involve some common issues. We are, therefore, proceeding to dispose them of by this consolidated order for the sake of convenience. Assessment Year 2008-09 2. The only issue raised through various grounds is agai....

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....ted undertaking from the STPI. Relying on the order passed by the Hyderabad Bench of the Tribunal in Info Tech Enterprises Ltd. Vs JCIT 85 ITD 325, the Assessing Officer disallowed such claim u/s 10B of the Act amounting to Rs. 1.25 crore. The assessee contended before the Ld. CIT(A) that the benefit u/s 10B could not have been denied as it had satisfied all the necessary conditions. In alternativ....

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....t of benefit u/s 10A should be considered. In support of this contention, he relied on the judgment of the Hon'ble Delhi High Court in the case of CIT Vs Valliant Communication Ltd., a copy of which has been provided on pages 19 onwards of the paper book. In view of the acceptance by the ld. AR that the question of granting of relief u/s 10B has to be decided against the assessee as per the judgme....

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.... that the ld. CIT(A) also negatived the assessee's claim for the grant of relief u/s 10B which was not allowed by the Assessing Officer. He, however, examined the claim of the assessee u/s 10A and by accepting it in principle, remitted the matter to the file of the A.O for verification of the amount of foreign exchange realized by the assessee within the prescribed period of time. The Revenue is a....