DR. AKSHAY BHARADWAJ,NEW DELHI vs. ITO, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the issue was covered by the jurisdictional High Court's decision in the assessee's own case for prior years. The High Court had allowed similar claims, finding the assessee eligible for deduction under Section 10A.
What were the facts?
The assessee, running a 100% EOU for software export, claimed exemption under Section 10B/10A. The AO denied it, stating the assessee lacked statutory EOU approval from the Board and filed Form 56F late. The CIT(A) upheld the AO's decision.
What were the issues?
Whether the assessee is eligible for exemption under Section 10B/10A despite not having direct Board approval for EOU status and the validity of filing Form 56F.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- M/s. Infotech Enterprises Ltd. v. Jt. CIT4 citing85 ITD 325 · 2003 · ITAT
Income Tax Appellate Tribunal, DELHI BENCH “SMC-1I” NEW DELHI
Before: SHRI I.C. SUDHIR:
ORDER The assessee has questioned first appellate order on the following grounds:
1. That the Learned CIT(Appeals)[‘CIT(A)’] erred on facts and in law in sustaining the disallowance of the exemption claim made by the appellant u/s. 10B/10A of the Income-tax Act ( for export of computer software made by the appellant).
2. That in addition to above, Learned CIT(Appeals)[‘CIT(A)’] erred on facts and in law in sustaining the disallowance of the exemption claim made by the appellant in gross non appreciation of following aspects and key facts: a. That claim of assessee is fully supported and covered in his favor by Jurisdictional high court and ITAT decisions rendered in identical issue.
2 b. That claim of assessee is allowed and accepted by Ld. A.O. himself in other years during regular assessment, which negates ld CIT-A present decision; c. That assessee’s claim is rejected on irrelevant and extraneous grounds ignoring Ld CIT-A order accepting assessee’s claim in assessee’s own case in previous years.
3. That the Learned CIT(Appeals) [‘CIT(A)’] erred on facts and in holding that the assessment order dated 18.03.2013, was sent by speed post on 20.03.2013 and was served well before the time barring date, when the order did not reach the appellant before the time barring date, as the address given in the said Annexure-2 is incomplete.
Heard and considered the arguments advanced by the parties in view of orders of the authorities below, material available on record and the decisions relied upon.
The brief facts of the case are that the assessee, a doctor by profession, is running an 100% EOU under the name and style ELDOCS, and is engaged in the business of export of computer software (medical transcription business). ELDOCS is registered with the Government of India under the Software Technology Parks of India Scheme (STPI) as an 100% EOU and has also been granted a green card for the purpose. The assessee 3 had claimed deduction under sec. 10B of the Act which was denied by the Assessing Officer on the basis that the assessee had not obtained statutory approval of 100% EOU from the Board, instead it had obtained approval under STP Scheme as 100% EOU. In this regard, the Assessing Officer placed reliance on the decision of Hyderabad Bench of the ITAT in the case of Infotec Enterprises Ltd. vs.CIT (2003) – 85 ITD 325 (Hyd.). During the course of assessment proceedings, the assessee referring several litigations on the subject submitted that exemption under sec. 10A is available to the assessee in place of sec. 10B. The assessee accordingly filed Form No. 56F for claiming deduction under sec. 10A. The Assessing Officer did not agree with it on the basis that Form No. 56F was not prepared or signed well in time before the filing of the return of income for claiming exemption under sec. 10A of the Act. The Assessing Officer also noted that the assessee had not filed form No. 56F with the return of income which is required as per Rule 16D of the IT Rules. The Learned CIT(Appeals) has upheld the action of the Assessing Officer, which has been questioned by the assessee before the ITAT on the above grounds.
At the outset of hearing, the Learned AR pointed out that the issue raised in the present appeal is fully covered by the decision of the Hon'ble 4 High Court of Delhi in the case of assessee itself for the assessment years 2005-06, 2006-07 and 2009-10 vide order dated 15.12.2015 in 957 and 958/2015.
Learned Senior DR on the other hand placed reliance on the orders of the authorities below with this further submission that assessee had not obtained statutory approval of 100% EOU from the Board but had obtained approval under STP Scheme as 100% EOU as held in the case of Infotech Enterprises vs. CIT (2003) 85 ITD 325 (Hyd.) followed by the Assessing Officer. Thus, the authorities below were justified in denying the claimed deduction under sec. 10A of the Act to the assessee.
More judgments on Section 10B
- Brainbees Solutions Limited, Pune… vs Assistant Commissioner of Income Tax…ITTPA 1431/PUN/2026[2022-2023]Status: Disposed29 Sept 2026AY 2022-2023
- ACIT 15(1)(2), Mumbai vs Galaxy Surfactants Limited, MumbaiITA 6984/MUM/2025[2011-2012]Status: Disposed15 Sept 2026AY 2011-2012
- Ivl Dhunseri Petrochem Industries Pvt… vs D.C.I.T., Circle - 11(1), KolkataITTPA 4/KOL/2026[2022-2023]Status: Heard11 Sept 2026AY 2022-2023
- T vs Motor Co. Ltd., Chennaivs.DCIT, Corp…ITTPA 52/CHNY/2026[2022-23]Status: Disposed9 Sept 2026AY 2022-23
- Vrajlal Chanabhai Kachhadiya, Jamnagar vs ITO, Ward-2(6), JamnagarITA 847/RJT/2025[2010-11]Status: Disposed7 Sept 2026AY 2010-11
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026