Merely because assessee permitted to establish new industrial undertaking for manufacture of computer software as 100% EOU under STP scheme not sufficient to claim exemption u/s. 10B

Merely because the assessee had been permitted to establish a new industrial undertaking for the manufacture of computer software as 100% EOU under the STP scheme was itself not enough to record a finding that the said unit had in fact been established and was entitled to claim the exemption under s 10B — as held by Delhi High Court in CIT v Modi Xerox — In favor of Revenue. IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No. 206/2008 Date of Decision: 11.05.2011 Commissioner of Income Tax Versus Modi Xerox JUDGMENT 1. This appeal is under Section 260(A) of the Income Tax Act...