TaxTMI 
TaxTMI 
2021 (11) TMI 639
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....as filed the instant appeal before this Court. The subject matter of the appeal relates to the return filed for the Assessment Year 2011-12. The appellant raises the following substantial questions of law: "i)Has not the tribunal erred in holding that the respondent- Assessee is eligible for deduction u/s 10A of the Act in spite of the fact that the assessee had made the claim for such deduction before the CIT(A) and had not made any such claim in its Return of Income? ii)Is not the decision of the tribunal upholding the order of the CIT(A) allowing the respondent's alternate claim for deduction u/s. 10A in the circumstances of the case, contrary to the principles laid down by the Apex Court in 284 ITR 323 (SC)? iii)Is not observa....
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....ever, considering the fact that the appellant is also entitled for deduction u/s.10A as discussed in paras 4.1 to 4.8 of the order passed for the AY 2010-11, it is held that the appellant is entitled for deduction u/s.10A of the Act for the year under consideration as well and accordingly the Assessing Officer is hereby directed to work out the deduction u/s. 10A to which the appellant is entitled for and allow the same as pleaded. Thus, appeal on these grounds are partly allowed." 4. The Revenue filed ITA No.334/Coch/2016 before the Income Tax Appellate Tribunal, Cochin (for short, 'the Tribunal') and the Tribunal in Paragraph 4 of the order, prefaced the question falling for consideration before the Tribunal which reads thus: "The only....
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....Delhi High Court and orders of the ITAT have held that when deduction u/s 10B is denied, it is the duty of the revenue to examine whether the alternative claim of deduction u/s 10A can be granted on facts and circumstances of the case: i)Fast Booking (I) Pvt Ltd vs. DCIT in ITA 334/2015 judgment dated 2.9.2015 (Delhi High Court judgment) ii) M/s. Device Driven (India) P. Ltd. (ITA No. 282/Coch/2013 (order dt 6.6.2014) iii) Cronos Consulting India P Ltd vs. ACIT (ITA No.15/Coch/2014. 9. Further, we notice that the Assessing Officer in the remand report has not state that the assessee has not satisfied the conditions precedent to claim deduction under section 10A of the Act. The Assessing Officer has only raised a technical objection ....
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....he certificates of registration under STPI and the certificate of the Chartered Accountant in form 56F, we are of the view that the CIT(A) is justified in allowing the alternative claim of deduction under section 10A of the Act. It is ordered accordingly." and held that the finding recorded by CIT(Appeals) are sustainable in law. Stated very briefly, there is no dispute between the Revenue and the Assessee that the Assessee in the return filed for the subject year, claimed exclusion of income under Section 10B of the Act. For the reasons recorded by the Assessing Officer, the claim under Section 10B of the Act was negatived and implied accepted by the Assessee in further stages of the matter. It is also not in dispute that without filing a....
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....n the judgment of Supreme Court reported in Goetze (India) Ltd V. Commissioner of Income Tax [2006] 284 ITR 323(SC). This is a short judgment, hence we prefer to excerpt the judgment in its entirety: 1. Leave granted. 2. The question raised in this appeal relates to whether the appellant assessee could make a claim for deduction other than by filing a revised return. The assessment year in question was 1995-96. The return was filed on November 30, 1995, by the appellant for the assessment year in question. On January 12, 1998, the appellant sought to claim a deduction by way of a letter before the Assessing Officer. The deduction was disallowed by the Assessing Officer on the ground that there was no provision under the Incometax Act to....