HCL TECHNOLOGIES LTD,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

disallowing the loss of Rs. 22,22, 88,862/-. 7.5 Aggrieved with the said order the assessee filed an appeal before us on the following grounds of the appeal: 5. That the assessing officer erred on facts and in law in not allowing set off of loss of the units / undertakings eligible for deduction under section 10A

HCL TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed as indicated above

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

disallowing the loss of Rs. 22,22, 88,862/-. 7.5 Aggrieved with the said order the assessee filed an appeal before us on the following grounds of the appeal: 5. That the assessing officer erred on facts and in law in not allowing set off of loss of the units / undertakings eligible for deduction under section 10A

ACIT, CIRCLE-7(1) vs. SYSTEM AMERICA INDIA LTD.,,

In the result, appeal of the assessee is partly allowed and that of the Department is dismissed

Bench: Shri N.K. Saini & Shri Kuldip Singh

disallowance of exemption under section 10A claimed by the assessee. 5. That on the issue of alternative claim under Section

SYSTEMS AMERICA (INDIA) LTD. vs. ADDL. COMMISSIONER OF INCOME TAX,,

In the result, appeal of the assessee is partly allowed and that of the Department is dismissed

Bench: Shri N.K. Saini & Shri Kuldip Singh

disallowance of exemption under section 10A claimed by the assessee. 5. That on the issue of alternative claim under Section

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

ACIT, NEW DELHI vs. M/S NIIT TECHNOLOGIES LTD.,, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

NIIT TECHNOLOGIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

10A unit has to be excluded before arriving at the gross total income of the assessee. The income of 10A unit has to be deducted at source itself and not after computing the gross total income. The total income, used in"'the provisions of section IDA in this context means the global income off the assessee and not the total

ITO, NEW DELHI vs. M/S. B2B MANAGEMENT, NEW DELHI

In the result, the appeal of the Revenue is allowed for statistical purposes

Bench: Shri H.S. Sidhu & Shri O.P. Kantassessment Year: 2011-12 Ito, Vs. M/S. B2B Management, Ward-271(1),Civic Centre, 5/47, Shyam Singh Street, Minto Road, New Delhi Gopi Nath, New Delhi Pan :Aajfb0165A (Appellant) (Respondent) Appellant By Shri C.P. Singh, Sr.Dr Respondent By Shri Harsh Kumar, Ca

disallowed the deduction claimed of Rs.1,17,48,757/- under section 10A of the Act. 2.1 Aggrieved, the assessee filed appeal before the Ld. CIT(A) and made detailed submissions supporting its claim of eligibility of deduction under section 10A of the Act. The assessee made detailed explanation as how the assessee qualifies the expression “computer software” appearing in section

THOMSON PRESS (INDIA) LTD vs. COMMISSIONER OF INCOME TAX-II

5) to any other provision of this Act which has been amended or omitted by the Direct Tax Laws (Amendment) Act, 1987 shall, notwithstanding such amendment or omission, be construed, for the purposes of that sub-section, as if such amendment or omission had not been made.] Explanation : For the purposes of this section,— (i) “free trade zone” means

M/S THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX- II

5) to any other provision of this Act which has been amended or omitted by the Direct Tax Laws (Amendment) Act, 1987 shall, notwithstanding such amendment or omission, be construed, for the purposes of that sub-section, as if such amendment or omission had not been made.] Explanation : For the purposes of this section,— (i) “free trade zone” means

THOMSON PRESS (INDIA) LTD vs. COMMISSIONER OF INCOME TAX-II

5) to any other provision of this Act which has been amended or omitted by the Direct Tax Laws (Amendment) Act, 1987 shall, notwithstanding such amendment or omission, be construed, for the purposes of that sub-section, as if such amendment or omission had not been made.] Explanation : For the purposes of this section,— (i) “free trade zone” means

THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX-II

5) to any other provision of this Act which has been amended or omitted by the Direct Tax Laws (Amendment) Act, 1987 shall, notwithstanding such amendment or omission, be construed, for the purposes of that sub-section, as if such amendment or omission had not been made.] Explanation : For the purposes of this section,— (i) “free trade zone” means

THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX-II

5) to any other provision of this Act which has been amended or omitted by the Direct Tax Laws (Amendment) Act, 1987 shall, notwithstanding such amendment or omission, be construed, for the purposes of that sub-section, as if such amendment or omission had not been made.] Explanation : For the purposes of this section,— (i) “free trade zone” means

M/S THOMSON PRESS (INDIA) LTD. vs. COMMISSIONER OF INCOME TAX -II

5) to any other provision of this Act which has been amended or omitted by the Direct Tax Laws (Amendment) Act, 1987 shall, notwithstanding such amendment or omission, be construed, for the purposes of that sub-section, as if such amendment or omission had not been made.] Explanation : For the purposes of this section,— (i) “free trade zone” means

COMMISSIONER OF INCOME TAX DELHI -II vs. KEI INDUSTRIES LIMITED

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.K.GAUBA

disallowed, as the income of this unit was exempt from tax. In response, the Assessee furnished its detailed submissions, which, however, were rejected by the AO who was of the opinion that as Section 10B was in Chapter-III of the Act, under the heading ―incomes which do not form part of total income‖, legislative intent was clear that such

ITO, NEW DELHI vs. M/S. FIS GLOBAL RECOVERY SERVICE INDIA PVT. LTD., NEW DELHI

In the result, the appeal is dismissed

Bench: Sh. Sudhanshu Srivastava & Sh. O.P. Kant

5. In ground No. 3, the Revenue has raised the issue that if the deduction under section 10A of the Act is allowed to the assessee, then the export turnover for computation of deduction under section 10A should be reduced by the communication and insurance expenses. 5.1 We have heard representatives of both the parties and perused the material

ITO, NEW DELHI vs. M/S. FIS GLOBAL RECOVERY SERVICES INDIA PVT. LTD., NEW DELHI

In the result, the appeal is dismissed

Bench: Sh. Sudhanshu Srivastava & Sh. O.P. Kant

5. In ground No. 3, the Revenue has raised the issue that if the deduction under section 10A of the Act is allowed to the assessee, then the export turnover for computation of deduction under section 10A should be reduced by the communication and insurance expenses. 5.1 We have heard representatives of both the parties and perused the material