section 10a - Page 10

Infosys plans to appeal against arbitrary order, Industry Surprised by order

Infosys Technologies Ltd. Tuesday said it will appeal against an order from the income tax department seeking more than 4 billion rupees ($88.8 million) in taxes for software sales made at the overseas premises of its international clients. The Econo...

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Transfer of computer software by an Indian Branch of a foreign Company (approved as 100 percent EOU) to its head office is an eligible transaction for

DDIT Vs. Virage Logic International (ITAT Delhi)

The Delhi bench of Income-tax Appellate Tribunal (the Tribunal) in the case of DDIT v. Virage Logic International (ITA No. 494(Del) 2010) held that transfer of a computer software by an Indian branch of a foreign company [approved as 100 percent Export Oriented Unit (EOU) by Software Technology Parks of India (STPI)] to its head office is...

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Manufacturing of new product with new technology at existing place with fresh SEZ approval does not amount to ‘splitting up or reconstruction’

Portescap India P. Limited Vs. DCIT (ITAT Mumbai)

Manufacturing of a new product with a new technology at the same place after taking a fresh approval from SEZ authority does not amount to ‘splitting up or reconstruction’ of an existing business for the purpose of section 10A of the Act....

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Deduction U/s. 10A of the Income Tax Act is allowable without set off of losses of non-eligible units

Scientific Atlanta Vs. ACIT (ITAT Chennai)

In respect of AY 2003-04, the assessee had an unit in Chennai which was engaged in software development and whose profits were eligible for deduction u/s 10A. The assessee had another unit in Delhi which was engaged in trading and had suffered a loss. The assessee claimed that it was eligible for a deduction u/s 10A...

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Blending of tea for export by an industrial unit in SEZ area is a manufacturing activity which qualifies for exemption U/s. 10A/10AA

Girnar Industries Vs CIT (Kerala High Court)

The short question that arises for consideration is whether blending and packing of tea for export in the industrial unit in the Special Economic Zone amount to manufacture or production of an article qualifying for exemption under Section 10A of the Act, that is, during the period prior to introduction of "blending" as "manufacture" with...

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Conversion of DTA unit to STPI unit – eligible for deduction under Section 10A

Income Tax Officer Vs. M/s Iqura Technologies Pvt Ltd (ITAT Bangalore)

The agitation by the revenue is that the assessee company was not entitled to deduction under section 10A as the CIT (A) failed to appreciate the fact that the assessee had commenced manufacture, production of software prior to its registration as STPI and the STPI authorities had granted approval...

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Setting off of unabsorbed depreciation of earlier years against income of subsequent year under section 10A of IT Act is not admissable

Phoenix Lamps Ltd. Vs Addl. CIT (ITAT Delhi)

14. It is relevant to state the provision of section 10A(4) as applicable to the assessment year, in which the assessee began production with effect from 01.02.1993 and became entitled to get deduction. The relevant section 10A(4) reads as under :- "Notwithstanding anything contained in any other provision of this Act, in computing the t...

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Computation of deduction under section 10A(4) of IT Act by a manufacturer/ exporter of jewellery

ITO Vs Basic Jewellery (I) Pvt. Ltd. (ITAT Mumbai)

7.1 As per the provision of section 10A of the Act, assessee is entitled to claim the deduction in respect of the profits and gains as derived by the assessee's undertaking from the export of the articles of the things for the period of the 10 consecutive A.Y's. Sub-section (2) to sec. 10A has laid down certain conditions for the eligibil...

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