2014 (7) TMI 546

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....nt Member: This appeal by the Revenue is directed against the order of the CIT(A)-IV Hyderabad dated 30.6.2011 for the assessment year 2005-06. 2. The only grievance of the Revenue in this appeal is against the action of the CIT(A), in allowing the deduction under S.10B of the Income-tax Act, 1961 to the assessee. Effective grounds raised by the Revenue in this behalf read as follows- "1. Order....

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....come, after claiming deduction under S.10B of the Act. The assessing officer observed that as per the letter of the assessee dated 16.11.2010, the assessee company was registered with Software Technology Park of India as a 100% EOU . However, he opined that as per the provisions of S.10B, an undertaking must satisfy the condition that it must be an approved 100% export Oriented Undertaking, for cl....

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....uctions under S.10B with necessary documentary evidences in respect of its eligibility for the deduction. The assessee also could not furnish the 'Ratification' by the Development Commissioner, as envisaged in the Instruction dated 9.3.2009 (file No.178/19/2008-ITA 01). With these observations, the assessing officer denied the deduction under S.10B of the Act, claimed by the assessee, and complete....

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....so necessary for the assessee to have the approval of the Board constituted by the Central Government under S.14 of the Industries (Development and Regulation) Act, 1951. The CIT(A) has decided this issue in favour of the assessee, and held the assessee as eligible for deduction under S.10B of the Act, following the decisions of the co-ordinate Benches of the Tribunal in the following cases- (a) ....