2014 (6) TMI 805

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....itioner : Shri Pankajakshan C.G., CA For the Respondent : Shri K. K. John, Sr. DR ORDER Per B. R. Baskaran, Accountant Member: The appeal filed by the assessee is directed against the order dated 05- 02-2014 passed by the Ld. CIT(A), Thiruvananthapuram and it relates to the assessment year 2010-11. 2. The Ld. Counsel for the assessee submitted that the only issue urged in this appea....

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....rt Oriented Unit (EOU), can only be considered for allowing deduction u/s. 10B of the Act. ""hundred percent export-oriented undertaking" means an undertaking which has been approved as a hundred per cent exportoriented 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,....

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....nal in the case of Device Driven India Pvt. Ltd. in I.T.A. No. 282/Coch/2013 wherein the Tribunal had held that the Ld. CIT(A) can entertain fresh claim. However, the Ld. CIT(A) took the view that the decision rendered by the Hon'ble Delhi High Court in the case of Regency Creations Ltd. (supra) is applicable to the assessee and accordingly, dismissed the appeal. Aggrieved, the assessee has filed ....

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....itted that the Delhi High Court has held that the approval given by the Director, STPI is sufficient for allowing deduction u/s 10A of the Act. 6. A careful perusal of the observation made by the Hon'ble Delhi High Court in the case of Regency Creations (supra), which is extracted by Ld CIT(A) in his order, shows that the High Court has only stated that an assessee, in order to qualify for bene....