INCOME TAX ACT, 1961

Section 10A

Deduction under section 10A - Allowability - Applicability of alternate remedy under section 10A in case assessee was not found eligible for deduction under section 10B -

AO alleged that assessee did not obtain Board's approval for claiming deduction under section 10B and therefore, made assessment under section 147 read with section 143(3) withdrawing benefit of section 10B.Matter reached to Tribunal, who noted that no other ground was urged except asking for prayer to consider alternate remedy under section 10A, Tribunal remanded matter to AO, to consider as to whether assessee was eligible for benefit of deduction under section 10A. Assessee filed a petition to recall said Order stating that all grounds were urged but by mistake Tribunal noted that no other ground was raised. Said petition was allowed against which instant appeal was filed. Held: It was seen that appeal was admitted on 19-6-2018. When matter was called, Counsel for assessee and revenue produced order copy dt. 26-7-2019 passed by Tribunal in original appeal by which appeal itself was disposed of holding that claim of deduction under section 10A for relevant assessment year was already remitted back. Since order of Tribunal was acted upon, keeping open questions of law, order of Tribunal was confirmed.

REFERRED :

FAVOUR : Matter remanded

A.Y. :

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