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Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN
आदेश/ O R D E R
PER S. JAYARAMAN, ACCOUNTANT MEMBER:
The Revenue filed this appeal against the order of the Commissioner of Income Tax (Appeals)-3, Chennai in dated 30.08.2017 for assessment year 2011-12.
M/s. Ply Technology Solution Pvt. Ltd., the assessee, is an 100% EOU company exporting computer software. In the assessment made u/s. 143(3)
:-2-: ITA No: 2792/Chny/2017 r.w. 263 for assessment year 2011-12, the Assessing Officer disallowed deduction claimed u/s. 10B and completed the assessment. Aggrieved, the assessee filed an appeal and the CIT(A) allowed the appeal. Aggrieved, the Revenue filed this appeal.
We heard the rival submissions. The assessee is a 100% export oriented unit exporting computer software. Its assessment for assessment year 2011-12 was completed u/s. 143(3). That assessment order was subject matter of an action u/s. 263, the PCIT set aside the order u/s. 263.
Consequently, the AO disallowed the deduction claimed by the assessee u/s. 10B. Aggrieved, the assessee filed an appeal before the CIT(A). Before the CIT(A), the assessee submitted that the order passed by the PCIT u/s. 263 was set aside by the Hon’ble ITAT in its order in dated 27.07.2016, allowed the assessee’s appeal and granted deduction u/s. 10B as claimed by the assessee. Therefore, the assessee prayed for relief u/s. 10B.
The CIT(A) following the order of the ITAT, supra, allowed the appeal. When order passed u/s. 263 is set aside, the consequential order passed based on the order u/s. 263 has no basis. In the facts and circumstances, we do not find any merit in the Revenue’s appeal and hence, the Revenue’s appeal is dismissed.
In the result, the Revenue’s appeal is dismissed.
:-3-: ITA No: 2792/Chny/2017
Order pronounced on Monday, the 09th day of April, 2018 at Chennai.