2023 (6) TMI 1499

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e ORDER 1. The appeal is impugning an order dated 15th February 2017 passed by the Income Tax Appellate Tribunal (ITAT) rejecting the appeal filed by the Revenue. The Revenue had impugned an order passed by the Commissioner of Income Tax (Appeals) [CIT(A)] relevant to the Assessment Year 2010-11. 2. The following substantial questions of law are proposed : SUBSTANTIAL QUESTION OF LAW ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....amount to splitting up of the business already in existence and hence would render it ineligible to claim exemption u/s 10B of the Act ? 3. The assessee had filed its return of income on 1st December 2011 declaring total income of Rs. 3,57,00,536/-. The return of income was processed under Section 143(1) of the Income Tax Act, 1961 (the Act). Thereafter, the case was selected for scrutiny and n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....assessee firm registration as 100% EOU under the provisions of EXIM Policy 2002-07 for the item Legal Services. Further, the CBDT Notification No. S.O. 890 (E) dated 26th September 2000 has permitted both products and services of legal database as eligible information technology enabled products or services for grant of deduction under Section 10B of the Act. The services provided by appellant fir....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Any transmission of "customized electronic data" falls within the expression of "computer software" as per explanation 2(i)(b) to the Section 10B of the Act. Therefore, the assessee is entitled to claim deduction under Section 10B of the Act in respect of its 100% EOU unit. 6. Therefore, the entire issue in this case is fact based. A similar issue had been raised for the Assessment Years 2004-....