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Case Law Details

Case Name : E2 Solutions India Pvt. Ltd. Vs ITO (ITAT Bangalore)
Appeal Number : ITA No. 555/Bang/2010
Date of Judgement/Order : 28/02/2011
Related Assessment Year : 2005- 06
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E2 Solutions India Pvt. Ltd. Vs ITO- Learned CIT(A) has passed a very detailed order in the assessment year 2002-03 and rightly came to the conclusion that the assessee is entitled to exemption u/s 10A of the IT Act. From the assessment order, we find that according to the AO, it is not a new undertaking for the purpose of exemption u/s 10A of the IT Act. Factually, it is also correct that the undertaking was already engaged in exporting software before it became a STP unit. The STP was notified in March, 1993 but not in Software Technology Park. In the year 2001, a company was formed by conversion of the firm and it started production in STP unit after getting approval.

Thereafter only the undertaking claimed exemption u/s 10A of the IT Act. The claim of the assessee is supported by 8oard Circular No.1/2005, where it has been clearly held that undertaking set up in Domestic Tariff Area (DTA), which is subsequently approved as 100 % export oriented, is entitled to relief u/s 108 of the IT Act provided the undertaking shall get relief only for the remaining period of ten consecutive years beginning with assessment year in which the undertaking begins to manufacture computer software as a DTA unit’.

IN THE INCOME TAX APPELLATE TRIBUNAL,

BANGALORE BENCH ‘A’

ITA No. 555/Bang/2010

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