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ITA Nos. 485/2014 & 487/2014 Page 1 of 3
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 2 +
ITA 485/2014
COMMISSIONER OF INCOME TAX –IV ..... Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raghvendra Singh, Junior Standing counsel.
versus
INFOGAIN INDIA PRIVATE LIMITED
..... Respondent Through: Mr. Salil Kapoor with Mr. Sanat Kapoor and Mr. Shubham Rastogi, Advocates.
And 3 +
ITA 487/2014
COMMISSIONER OF INCOME TAX –IV ..... Appellant Through: Mr. Kamal Sawhney, Senior standing counsel with Mr. Raghvendra Singh, Junior Standing counsel.
versus
INFOGAIN INDIA PRIVATE LIMITED
..... Respondent Through: Mr. Salil Kapoor with Mr. Sanat Kapoor and Mr. Shubham Rastogi, Advocates.
CORAM: HON'BLE DR. JUSTICE S.MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R %
17.09.2015
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2026 at 21:54:50
ITA Nos. 485/2014 & 487/2014 Page 2 of 3
These appeals, being ITA No. 485 of 2014 and ITA No. 487 of 2014, by the Revenue under Section 260A of the Income Tax Act, 1961 (‘Act’) are directed against the impugned orders dated 29th November 2013 and 31st January 2014 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA Nos.2339/Del/2010 and 5720/Del/2010 for the Assessment Years 2005-06 and 2006-07 respectively.
The issue that is urged for consideration is whether the ITAT has erred in upholding the deletion of the addition on account of the deduction claimed under section 10B of the Act amounting to Rs. 5,88,28,278 and Rs. 7,03,87,701 although the Respondent Assessee had been claiming deduction under Section 80HHE of the Act?
It is not disputed that the above issue stands covered in favour of the Assessee and against the Revenue by the decisions of this Court in Commissioner of Income Tax v. Infra Soft Technologies Limited (decision dated 21st October 2010 in ITA No. 708 of 2008) and Commissioner of Income Tax v. Interra Software India Limited (2011) 238 CTR (Del) 23. In both decisions the deduction claimed was under Section 10A of the Act which is in pari materia Section 10B of the Act. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2026 at 21:54:50
ITA Nos. 485/2014 & 487/2014 Page 3 of 3
These appeals are accordingly dismissed.
S.MURALIDHAR, J
VIBHU BAKHRU, J SEPTEMBER 17, 2015 Rk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2026 at 21:54:50