2014 (12) TMI 1275

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.... Duoeja, Sr. DR ORDER A. T. Varkey (Judicial Member) This is an appeal preferred by the assessee against the order of the ld CIT(A)-XVI dated 27th February 2013 for the Assessment Year 2009-10. 2. The solitary issue involved in the instant appeal relates to disallowance of Rs. 39,63,800/- representing claim u/s 10A of the Income Tax Act, 1961 (herein after 'the Act'). 3. The assesse....

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.... and after the date of approval of the STP unit on 23/09/2008 will be eligible for deduction u/s 10A of the Act. Because in respect of the period prior to the date of approval, during the relevant previous year, even if the profits are derived from export of computer software, the same are not derived from export of computer software produced from STP unit as required u/s 10A(2)(i)(b) of the Act. ....

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....te of approval as STP unit, therefore, the A.O. is justified in disallowing the deduction u/s 10A. The appeal fails in this ground." 6. Having considered the rival submission and after perusal of the material on record, we find that the appellant authority has accepted the contention of the assessee that after receipt of the approval of STPI from 23rd September 2008, the assessee is entitled to....