2015 (11) TMI 1848

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... : Shri H. Padamchand Kincha, CA ORDER PER N.R.S.GANESAN, JUDICIAL MEMBER This appeal of the Revenue is directed against the order of the Commissioner of Income-tax (Appeals)-1, Chennai, dated 28.5.2015 and pertains to assessment year 2010-11. 2. The only issue arises for consideration is with regard to deduction claimed by the assessee u/s 10A of the Act in respect of unit at Siruseri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....3. In fact, this Tribunal has observed as follows: "16. Regarding the objection of the Assessing Officer on transferring contracts and clientele from Adyar unit to Siruseri unit, we agree with the finding of the Commissioner of Income Tax (Appeals). The assessee-company is running both the units, namely, Adyar unit and Siruseri unit. So also the assessee-company was contemplating the clos....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....smissed. 18. From another point of view, the whole controversy built up by the Revenue is just technical. It should be seen that assessee is having only two STPI units - one at Adyar and the other at Siruseri. Both the units are independently registered as a separate STPI unit. Both the units are carrying on software activities and generating income from exports. The assessee is not havin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iruseri unit are registered as STPI units. Therefore, even if we ignore the separate identity of Siruseri unit, we have to say that the Adyar unit of the assessee remains intact. The entire turnover and income of the assessee from software export have to be attributed in the hands of the Adyar unit. The income is still entitled for deduction under Section 10A. Therefore, these controversies are ju....