2014 (11) TMI 1277

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....4 OF 2008 & 1015 OF 2008 - -<br>Income Tax<br>Hon'ble Mr Justice N. Kumar And The Hon Ble Mr Justice B. Manohar For The Appellant : K V Aravind For The Respondent : M/S King & Patridge JUDGMENT The Revenue has preferred these three appeals against the common order passed by the Tribunal holding that the software was exported only during January, 2002 by which time STPI approval has bee....

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....rovision? 3. Whether the Tribunal was correct in allowing deduction u/s.10A of the Act on Unit-III-without alternatively considering the disallowance made by the Assessing Officer that the telecommunication charges would be liable to be deducted from export turnover before allowing deduction u/s. 10A of the Act? 3. The undisputed facts are, the assessee is a software unit. It started p....

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....egorically recorded a finding that Lara Networks did not have STPI network by the time the unit taken over by the assessee The circular No.1 of 2005 dated 61.2005 by CPDT makes it clear that even if the existing undertaking receives STPI approval, it would still be entitled to deduction under Section 10 A and therefore, it was held that the business of STPI Unit-It was not set up by reconstruction....