2012 (4) TMI 661

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....by the Revenue. The Revenue has filed a condonation petition seeking condonation of the delay. After hearing both the sides, the delay in filing of the appeal by the Revenue is condoned. 2.1. Facts of the case in brief are that the assessee is engaged in the business of development of computer software for export as 100% E.O.U. The assessee filed its return of income declaring total loss of Rs. 3,32,032/-. During the impugned A.Y., the assessee has shown export sales of Rs. 78,11,00,348/- and has claimed deduction u/s. 10A amounting to Rs. 21,56,39,982/-. The A.O. following his order for A.Y. 2003-04 held that sales amounting to Rs. 3,47,09,935/- which pertained to the contract of old units has to be treated as sales from the old units a....

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....derived by it was not eligible for deduction u/s 10A of the Income-tax Act, 1961. 4. For these and such other grounds as may be urged at the time of the hearing, the order of the learned CIT(A) may be vacated and that of the Assessing Officer be restored." Grounds of appeal by Assessee : "1. The learned Commissioner of Income Tax (Appeals) erred in confirming the action of the learned assessing officer in denying the claim under section 10A in respect of revenues of Rs. 3,47,09,935/- on the ground that the contracts with the customers from whom these revenues were earned were entered in to prior to the commencement of the new unit. 2. The learned Commissioner of Income Tax (Appeals) failed to appreciate that the contracts entere....

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.... of articles or things or computer software for a period of ten consecutive assessment years beginning with the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce such articles or things or computer software, as the case may be, shall be allowed from the total income of the assessee:" In the course of business, contract is always received by an assessee and not by its unit-1 or unit-2, as customer is not aware about the unit-1 or unit-2 of the assessee and thier only concern is that assessee performs its part of the contract. The wordings "derived by an undertaking from the export ............................." used in the provisions laid down u/s. 10A makes it clear that for allowing ....