INCOME TAX ACT, 1961

Section 260A

Appeal (High Court) - Deduction under section 10A - Violation of section 10A(2)(ii) -

Issue arose under consideration as to whether Tribunal was right in holding that assessee was entitled for exemption under section 10A when there was a clear violation of section 10A(2)(ii) and without appreciating that STPI unit was not a new unit and it was formed by splitting up and reconstruction of the already existing business and the products, customers and employees were common to pre-existing unit. Held: The Substantial Question of law raised by revenue has been decided against the revenue in the assessee's own case in CIT v. Servion Global Solutions Ltd. [Tax Case Nos. 241 & 647 of 2008, dt. 4-6-2019], thus, assessee was eligible for deduction under section 10A.

Followed:CIT v. Servion Global Solutions Ltd. [Tax Case Nos. 241 & 647 of 2008, dt. 4-6-2019] and DCIT v. Servion Global Solutions Ltd. [ITA No. 2010/Mds/2016, dt. 23-11-2016].

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10

INCOME TAX ACT, 1961

Section 10A

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