2017 (7) TMI 1252

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....e Id.CIT(A) has erred in law and in facts of the case in directing the AO to delete the additions made by the AO with regard to the deduction availed u/s 10A for unit 4, by ignoring the facts recorded by the AO in his assessment order. 2. On the facts and circumstances of the case and in law, The Ld. CIT(A) erred in law and in facts of the case fc . not considering the fact that the assessee has not fulfilled the conditions laid u/s 10A of the Act and was neither set up under STP and nor custom bonded at the time of the set up of establishment. 3. On the facts and circumstances of the case and in law The Ld. CIT(A) erred in law and in facts of the case by not considering the fact that the decisions relied upon by the Ld. C....

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....sallowed deduction under section 10A of the Act with respect to Unit-4 amounting to Rs. 15,94,71,545/- and disallowed deduction under section 10A/10AA of the Act on other income amounting to Rs. 24,43,45,880/-. Aggrieved, the assessee filed appeal before the Ld. CIT-A, who allowed part relief to the assessee. Aggrieved, the Revenue is in appeal raising the grounds as reproduced above. 4. In the grounds raised, the Revenue is aggrieved with disallowance of deduction under section 10A with respect to unit - 4, amounting to Rs. 15,94,71,545/- deleted by the Ld. CIT-A. 5. Before us, Ld. CIT(DR) relied on the order of the Assessing Officer and submitted that orders of the ITAT relied upon by the Ld. CIT-A has been challenged before the Hon....

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.... bonded warehouse. Therefore, the assessee has started it production much before the customs bonding happened on the premises. Therefore, AO held that the assessee has claimed exemption of income u/s 10A of the IT Act, which is derived from a unit. not set up in accordance with the STPI scheme, and hence the same is to be denied. The claim of deduction u/s 10A for unit 4 of the corresponding amount of Rs. 15,94,71,595/- is disallowed b% the AO. 4.1.2 It is seen that identical disallowance was made by the AO on the above issue in the case appellant for the AY 2001-02, 2003- 04, 2004-05, 2006-07, 2007-08 and 2008-09 and the issue was decided by Hon'ble 1TAT Bangalore in favour of the appellant as under:- "2.21 This Bench in ....