TaxTMI 
TaxTMI 
2016 (2) TMI 733
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....'the Act' for short]. 3. We have heard the rival submissions and have perused the relevant material on record. At the very outset, it is pertinent to note that in the first round of proceedings ITAT 'É' Bench Delhi in Revenue's appeal in ITA No. 4270/Del/2011 for A.Y 2008-09 vide order dated 29.06.2012 restored the issue to the file of the ld. CIT(A) for a fresh consideration so as to decide whether the assessee is entitled to exemption u/s 10A of the Act in pursuance to the order of the Tribunal [supra]. The ld. CIT(A) passed the impugned order and allowed exemption u/s 10A of the assessee to the assessee with the following observation and conclusion : "3.1 I have considered facts of the case, the finding of the A.O. as well as t....
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....r sub section 2(i)(b) of section 10A the unit is required to commence production of computer software after 1st April 1994 in any software technology park. The STP unit of appellant company was registered with Software Technology Park of India (STPI), Noida as evident from approval letter dt. 4th January 2005 of STPI, Noida. From the STP approval letter and green card, it is evident that the appellant had commenced production of software and providing IT enabled services from the software technology park approved. From the invoices it is evident that production of software and IT enabled services provided during the relevant period were from the software technology park approved. Green Card was issued by the STPI Authority on 31st January 2....
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....ion 10A(4), deduction under section 10A is allowable in proportion to export turnover and domestic turnover. In the instant case from the audit report, invoices and certificate of foreign inward remittance it is evident that there is no domestic sale and the entire sale proceeds of Rs. 85.96 lakhs represent exports of computer software. viii. As required u/s 10A(5), report of an accountant in the prescribed form 56F is filed as specified under rule 16D of IT Rules 1962. ix. As per section 10A(8) of the Act, return of income is filed within the time limit specified u/s 139(1) of the Act on 29.08.2008. 3.3 From the above it is evident that all the conditions stipulated in Sec 10A are fulfilled in the instant case. The A.O. stated tha....
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....wrong section does not matter in view of section 292B of the Act and we are in agreement with this conclusion because deduction u/s 10A of the Act has been claimed in Form No. 56F u/s 16D of the I.T. Rules, 1962 which was also clarified by the assessee vide letter dated 23.12.2010. Thus, the conclusion of the first appellate authority is quite correct in this regard. 5. Further, from the operative para 6 of the Tribunal order, we note that the matter was restored to the file of the ld. CIT(A) for considering the matter afresh so as to decide whether the assessee is entitled to exemption u/s 10A of the Act and if yes, whether conditions precedent for grant of this exemption are satisfied in this case. We also note that this exemption was co....