LAWS(KAR)-2014-6-332

COMMISSIONER OF INCOME TAX Vs. CARITOR

Decided On June 20, 2014
COMMISSIONER OF INCOME TAX Appellant
V/S
Caritor Respondents

JUDGEMENT

(1.) THESE two appeals are preferred by the Revenue where the common question of law is involved, which is held in favour of the assessee by the Tribunal. The undisputed facts are that the assessee is in the business of computer software development and established in a software technology park. The assessee claimed deduction under section 10A amounting to Rs. 11,58,99,954. The said claim was in respect of the units situated at different places in Bangalore and Chennai. During the assessment proceedings, the assessee was asked to file details of STPI registration dates, customs approval for setting bonded warehouse, date of commencement of production, etc. The assessee -company furnished all the particulars. The particulars furnished showed the date of commencement of production and date of initial registration with the STPI are on the same day. One of the primary conditions stipulated in section 10A is that the undertaking should have been newly formed after registration with STP. The relevant provision, namely, section 10A(2)(i) reads as under:

(2.) THESE appeals were admitted to consider the following substantial question of law: