2017 (2) TMI 1430

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....artly allowed the appeal filed by the assessee against assessment order dated 21/03/2014 passed u/s 143(3) of the Income Tax Act 1961 (in short 'the Act').   2. Brief facts of the case are that the assessee engaged in the business of providing various business support and information technology enabled services to its group companies located in India and outside, filed its return of income for the relevant Asst. year 2011-12 declaring the total income of Rs. 95,88,158/- under the normal provisions of the Act and books profit of Rs. 2,11,81,988/- under the provisions of  section 115JB of the Act. The return was processed u/s 143(1) and after scrutiny assessment order u/s 143(3) of the Act was passed determining the total income ....

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.... the Hon'ble Jurisdictional High Court in CIT vs. Gem Plus Jewellery Ltd. (supra), there is no scope to interfere with the same and hence the appeal filed by the revenue is liable to be dismissed.    5. We have heard the rival submissions and also perused the material placed on record including the decisions relied upon by the parties.  The Ld. CIT(A) has decided this ground of appeal holding as under:-   "3.5   In view of the above, I am of the view that the appellant is entitled to claim of deduction u/s 10A on an enhanced income. The appellant had relied on various other decisions and contended that deduction u/s 10A should be allowed on the income which was assessed to tax by the A.O after consi....

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.... that these receipts were not generated out of the manufacturing activity of the assessee-company.    12.  By reason of the judgment of the Supreme Court in CIT v. Alom Extrusions Limited [2009] 319 ITR 306 the employer's contribution was liable to be allowed, since it was deposited by the due date for the filing of the return. The peculiar position, however, as it obtains in the present case arises out of the fact that the disallowance which was effected by the Assessing Officer has not, the court is informed, been challenged by the assessee. As a matter of fact the question of law which is formulated by the Revenue proceeds on the basis that the assessed income was enhanced due to the disallowance of the employ....