Quality BPO Services Pvt Ltd, Vs ACIT (OSD) (ITAT Ahmedabad)- The issue under appeal relates to examination of the claim of assessee under section 10B of the Act at Rs.67,08,733/- which hitherto has been disallowed by the Assessing Officer and further sustained by CIT(A). From perusal of records we find that assessee was duly allowed deduction u/s 10B of the Act for Asst. Year 2007-08 and the same has not been challenged by the Assessing Officer by way of reopening of the case for Asst. Year 2007-08 and assessee has been consistently allowed deductions u/s 10B of the Act by the Assessing Officer for Asst. Years 20010-11 and 2011-12 in the assessment orders u/s 143(3) of the Act. Assessee is providing similar type of services as required under the provisions of section 10B of the Act and the Assessing Officer has accepted the same and the only reason revolves here for which Assessing Officer has denied the claim u/s 10B of the Act is that it does not possess proper approval as a 100% export oriented undertaking by the Board appointed by the Central Government in exercise of powers conferred by section 14 of the Industries (Development & Regulation) Act, 1951 (65 of 1951) and the rules made under that Act. On the other hand, ld. AR of the assessee has referred to various judicial pronouncements wherein letter of approval received from STPL is treated as proper approval, as required by the provisions of section 10B.
Held- In the light of decisions of Co-ordinate Bench as well as other Benches of the Tribunal, wherein it has been categorically held that approval by Software Technology Parks of India comes under the Ministry of Communication & Information Technology & is a competent authority to grant approval to such units for claiming benefits u/s 10B as 100% Export Oriented Undertaking and the same is possessed by assessee and also looking to the facts of the case of assessee wherein assessee has been allowed deductions u/s 10B in Asst. Years 2007-08, 2010-11 & 2011-12 consistently, we are of the considered view that the assessee’s claim of deduction under section 10B at Rs.67,08,733/- is justified and accordingly the order of CIT(A) is quashed and the appeal of assessee is allowed.
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD ”B” BENCH – AHMEDABAD
Before S/Shri Rajpal Yadav, JM, & Manish Borad, AM.
ITA No.120/Ahd/2012- Asst. Year: 2008-09
Quality BPO Services Pvt Ltd, Vs ACIT (OSD)
Appellant by Shri Tushar Hemani, AR
Respondent by Shri Dipak Sutaria, Sr. D.R.
Date of hearing: 23/10/2015
Date of pronouncement: 4/11/2015
ORDER
