CIT v. Technovate E Solutions P.Ltd.

354 ITR 110High Court2013#9017 most cited

What is CIT v. Technovate E Solutions P.Ltd. authority for?

Approval from the Director of STPI is sufficient for claiming deduction under Section 10A of the Income-tax Act, even for Export Oriented Units (EOUs).

12

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2017 to 2020.

Also referred to as

CIT v. Technovate E Solutions P.Ltd. · Section 10A · STPI approval · Export Oriented Unit · EOU · deduction · income tax act · CBDT clarification

Judgments citing CIT v. Technovate E Solutions P.Ltd.

Krythium Solutions P.Ltd, Kochi vs. The ACIT, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

ITA 164/COCH/2020[2011-12]Status: DisposedITAT Cochin24 Jul 2020AY 2011-12

Bench: Shri George George K

For Appellant: Sri.Raja Kannan, AdvocateFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 109ASection 10ASection 10BSection 143(3)Section 147Section 148

…nt case, the registration obtained by the assessee from the Director, STPI, Thiruvananthapuram constitutes as a valid approval for the purpose of deduction u/s 10A of the I.T.Act.The Delhi High Court in the case of CIT v. Technovate E Solutions P.Ltd. [(2013) 354 ITR 110 (Del.)] ITA Nos.161-164/Coch/2020 7 M/s.Krythium Solutions Pvt.Ltd. after considering the CBDT Instruction No.1 of 2006 dated 13.03.2006 and the letter issued by the Board dated 06.05.2009, held that when the EOU has obtained registration from the Director of STPI, the same is entitled to deduction u/s 10A of the I.T.Act. Therefore, the registra…

Krythium Solutions P.Ltd, Kochi vs. The ACIT, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

ITA 163/COCH/2020[2009-10]Status: DisposedITAT Cochin24 Jul 2020AY 2009-10

Bench: Shri George George K

For Appellant: Sri.Raja Kannan, AdvocateFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 109ASection 10ASection 10BSection 143(3)Section 147Section 148

…nt case, the registration obtained by the assessee from the Director, STPI, Thiruvananthapuram constitutes as a valid approval for the purpose of deduction u/s 10A of the I.T.Act.The Delhi High Court in the case of CIT v. Technovate E Solutions P.Ltd. [(2013) 354 ITR 110 (Del.)] ITA Nos.161-164/Coch/2020 7 M/s.Krythium Solutions Pvt.Ltd. after considering the CBDT Instruction No.1 of 2006 dated 13.03.2006 and the letter issued by the Board dated 06.05.2009, held that when the EOU has obtained registration from the Director of STPI, the same is entitled to deduction u/s 10A of the I.T.Act. Therefore, the registra…

Krythium Solutions P.Ltd, Kochi vs. The ACIT, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

ITA 162/COCH/2020[2008-09]Status: DisposedITAT Cochin24 Jul 2020AY 2008-09

Bench: Shri George George K

For Appellant: Sri.Raja Kannan, AdvocateFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 109ASection 10ASection 10BSection 143(3)Section 147Section 148

…nt case, the registration obtained by the assessee from the Director, STPI, Thiruvananthapuram constitutes as a valid approval for the purpose of deduction u/s 10A of the I.T.Act.The Delhi High Court in the case of CIT v. Technovate E Solutions P.Ltd. [(2013) 354 ITR 110 (Del.)] ITA Nos.161-164/Coch/2020 7 M/s.Krythium Solutions Pvt.Ltd. after considering the CBDT Instruction No.1 of 2006 dated 13.03.2006 and the letter issued by the Board dated 06.05.2009, held that when the EOU has obtained registration from the Director of STPI, the same is entitled to deduction u/s 10A of the I.T.Act. Therefore, the registra…

Krythium Solutions P.Ltd, Kochi vs. The ACIT, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

ITA 161/COCH/2020[2007-08]Status: DisposedITAT Cochin24 Jul 2020AY 2007-08

Bench: Shri George George K

For Appellant: Sri.Raja Kannan, AdvocateFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 109ASection 10ASection 10BSection 143(3)Section 147Section 148

…nt case, the registration obtained by the assessee from the Director, STPI, Thiruvananthapuram constitutes as a valid approval for the purpose of deduction u/s 10A of the I.T.Act.The Delhi High Court in the case of CIT v. Technovate E Solutions P.Ltd. [(2013) 354 ITR 110 (Del.)] ITA Nos.161-164/Coch/2020 7 M/s.Krythium Solutions Pvt.Ltd. after considering the CBDT Instruction No.1 of 2006 dated 13.03.2006 and the letter issued by the Board dated 06.05.2009, held that when the EOU has obtained registration from the Director of STPI, the same is entitled to deduction u/s 10A of the I.T.Act. Therefore, the registra…

DCIT Corporate Circle I(2), Chennai vs. Wayne Burt Petrochemicals (P) Ltd., Sriperumbudur

In the result, the appeal filed by the Revenue stands

ITA 1661/CHNY/2019[2009-10]Status: DisposedITAT Chennai01 Jan 2020AY 2009-10

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. No.1661/Chny/2019 "नधा"रण वष" /Assessment Year : 2009-2010. The Deputy Commissioner Vs. M/S. Wayne Burt Of Income Tax, Petrochemical Pvt. Ltd, Corporate Circle 1(2) A-10, Sipcot Industrial Park, Chennai. Irungattukottai, Sriperumbudur 602 105. [Pan Aabcb 1804F] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Ms. R. Anitha, IRS, JCIT
Section 10ASection 10BSection 14Section 143(3)Section 1O

…आयकर अपील"य अ"धकरण, ’डी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH : CHENNAI "ी एन.आर.एस. गणेशन, "या"यक सद"य एवं "ी इंटूर" रामा राव, लेखा सद"य के सम" [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER] आयकर अपील सं./I.T.A. No.1661/CHNY/2019 "नधा"रण वष" /Assessment year : 2009-2010. The Deputy Commissioner Vs. M/s. Wayne Burt of Income Tax, Petrochemical Pvt. Ltd, Corporate Circle 1(2) A-10, SIPCOT Industrial Park, Chennai. Irungattukottai, Sriperumbudur 602 105. [PAN AABCB 1804F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant by :…

The ACIT, Cir-1(1), Trivandrum vs. M/S.Us Technology International P. Ltd, Trivandrum

In the result, both appeal of the Revenue and the Cross Objection of the

ITA 514/COCH/2019[2009-10]Status: DisposedITAT Cochin04 Dec 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 10A(5)Section 253(2)

…s subject to certain restrictions. 5.7 In view of the above, the CIT(A) held that the assessee is eligible for deduction u/s. 10A of the Act and he relied on the judgment of the Delhi High Court in the case of CIT vs Technovate E Solutions P Ltd reported in 354 ITR 110 wherein it was held as follows: " That the Central Board of Direct Taxes in Instruction No.l of 2006, dated March 31, 2006, clarified that the claim of deduction under section 10A should not be denied to the software technology park units only on the ground that the approval / registration to such units had been granted by the Directors of the…

Valiant Communications Ltd., New Delhi vs. ACIT, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 1537/DEL/2015[2009-10]Status: DisposedITAT Delhi04 Jun 2019AY 2009-10

Bench: Shri O.P. Kant & Shri K. Narasimha Chary

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Shri P.V. Gupta, Sr. DR
Section 10ASection 10B

…t the approval of the Director, STPI, was sufficient and conclusive evidence to be eligible to claim deduction u/s 10A of the Act and also in view of the decision of the Hon’ble jurisdictional High Court in the case of CIT vs. Technovate E Solutions (P) Ltd., 354 ITR 110 dated 26.2.2013, accepted the claim of the assessee for allowing deduction u/s 10A of the Act. 9. Since the facts forming the basis for the addition made for all these years are similar, in view of the decision of the Hon’ble Apex Court in the case of Radha Saomi Satsang 1992 AIR 377, the Department has to take a consistent view, in the absence…

ITO, WD-43(3), Kolkata vs. Vipul Gupta, Kolkata

In the result, appeal of revenue is dismissed

ITA 868/KOL/2015[2010-2011]Status: DisposedITAT Kolkata20 Mar 2019AY 2010-2011

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm]

Section 10ASection 10B

…assessee submitted before the Ld. CIT(A) a revised computation of total income along with Form 56F towards its alternate claim u/s. 10A and relied on the order of the Hon’ble Delhi High Court in the case of CIT Vs. Telchnovate E Solutions (P) Ltd. reported in 354 ITR 110 (Del) wherein their Lordships held as under: “The position is also clear from a letter dated 06.05.2009 issued by the CBDT to the Joint Secretary, Ministry of Commerce & Industry wherein a distinction has been drawn between the provisions of sec. 10A and 10B of the Act and in which it has been clarified that a unit approved by the Director of t…

Smt. Garima Mehta, Gwalior vs. I.T.O., Ward-1(2), Gwalior

In the result, the appeal is partly allowed

ITA 343/AGR/2013[2009-10]Status: DisposedITAT Agra11 Jul 2018AY 2009-10

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

Section 10ASection 69

…proval granted by the directors of STPI are, thus, due compliance of the Scheme. This position has remained oblivious to Authorities below and the assessee has wrongly been held to be in default on this score. In ‘ CIT vs. Technovate and Solutions (P) Ltd.’, 354 ITR 110 (Del), the 36. above position has been appreciated, holding that the communication issued by the Ministry of Communication and Technologies makes it clear that approvals issued by the directors of STPI under the authority of the Inter-Ministerial Standing Committee are deemed to be valid, inasmuch as such directors were functioning under the dele…

The ACIT, Trivandrum vs. M/S. Paragon Biomedical India (P) Ltd, Trivandrum

In the result, the appeals filed by the Revenue are dismissed and the appeal filed

ITA 334/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Oct 2017AY 2011-12

Bench: S/Shri P B Bansal & George George K, Jm

Section 10ASection 10A(2)(i)Section 10BSection 14

…ignorance of the assessee as to his rights and the officers are duty bound to grant deduction legally available to the assessee. The CIT(A) also relied the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Technovate E Solution P Ltd reported in 354 ITR 110 wherein it was held that registration with Software Technology Parks of India is sufficient to allow deduction under section 10A of the Act. The copies of the certificate of registration issued by STPI and the certificate of the Chartered Accountant in form 56F are also enclosed in the paper book filed by the assessee for the respective assessmen…

M/S. Clinipace Clinical Research P. Ltd(Formerly Paragon Bio Medical P. Ltd, Trivandrum vs. The ACIT, Trivandrum

In the result, the appeals filed by the Revenue are dismissed and the appeal filed

ITA 297/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Oct 2017AY 2010-11

Bench: S/Shri P B Bansal & George George K, Jm

Section 10ASection 10A(2)(i)Section 10BSection 14

…ignorance of the assessee as to his rights and the officers are duty bound to grant deduction legally available to the assessee. The CIT(A) also relied the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Technovate E Solution P Ltd reported in 354 ITR 110 wherein it was held that registration with Software Technology Parks of India is sufficient to allow deduction under section 10A of the Act. The copies of the certificate of registration issued by STPI and the certificate of the Chartered Accountant in form 56F are also enclosed in the paper book filed by the assessee for the respective assessmen…

The ACIT, Trivandrum vs. M/S. Paragon Biomedical India (P) Ltd, Trivandrum

In the result, the appeals filed by the Revenue are dismissed and the appeal filed

ITA 249/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Oct 2017AY 2010-11

Bench: S/Shri P B Bansal & George George K, Jm

Section 10ASection 10A(2)(i)Section 10BSection 14

…ignorance of the assessee as to his rights and the officers are duty bound to grant deduction legally available to the assessee. The CIT(A) also relied the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Technovate E Solution P Ltd reported in 354 ITR 110 wherein it was held that registration with Software Technology Parks of India is sufficient to allow deduction under section 10A of the Act. The copies of the certificate of registration issued by STPI and the certificate of the Chartered Accountant in form 56F are also enclosed in the paper book filed by the assessee for the respective assessmen…

CIT v. Technovate E Solutions P.Ltd. (354 ITR 110) — Cited in 12 Judgments | BharatTax