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Discussion > Taxation > Income Tax > STPI unit claiming dedcution u/s 10B   Unanswered Threads Post New Topic

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There are 8 Replies to this message


Rajnish Gupta


Consultant
[ Scorecard : 29]
Posted On 04 December 2010 at 13:30 Report Abuse

My client is a 100% EOU registered with STPI. They have been claiming deduction u/s 10B of Income Tax Act. The Income Tax department is disallowing their claim on following grounds:

- The unit is not registered with the Board
- STPI units can only claim deduction u/s 10A
- They can't revise the return to claim deduction u/s 10A at the time of scrutiny

Can they now claim deduction u/s 10A instead of 10B? If yes, what will be the procedure? Could anyone provide some case citations?



Total thanks : 1 times


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nisha bansal


LAW OFFICER
[ Scorecard : 42]
Posted On 06 December 2010 at 12:24 Report Abuse

I THINK THERE IS SOME CONFUSION IN YOUR QUERY, AS I AM SURE THAT 100% EOU STATUS IS AWARDED TO THE UNITS SITUATED OUTSIDE THE BOUNDARIES OF SEZ/STPI ETC. AND THE SAME ARE COVERED BY SECTION 10B ITSELF NOT BY SECTION 10A..

 

SECONDLY APPROVAL FROM BOARD IS MEANT FOR APPROVAL FROM STPI BOARD OF APPROVAL NOT CBDT AND WITHOUT STPI APPROVAL NOBODY COULD SAY THE UNDERTAKING AS 100% EOU...

I HAVE GOT COMPLETED A NUMBER OF 100% EOU SECRUTINY CASES..

 

IF THERE IS ANY CONFUSION ASK ME FURTHER IN THIS REGARD..



Rajnish Gupta


Consultant
[ Scorecard : 29]
Posted On 06 December 2010 at 13:44 Report Abuse

Thanks Nisha.

 

The unit acquired a 100% Software Development EOU status after registering with STPI. An STP may be an individual unit by itself or it may be one of such units located in an area designated as STP Complex by the Department of Electronics. I've confirmed with STPI and they should have claimed exemption u/s 10A. The units clamining exemption u/s 10B should be registered with the Board appointed by the Central Government u/s 14 of the Industries Development and Regulation Act, 1951.

 

Therefore, the unit now wants to claim exemption u/s 10A as it has been denied by the ITO u/s 10B.

 

Is there a circular/notification from CBDT that directs the ITO to allow the assessee to claim exemption under an alternative section if he has missed his rightful claims/concessions while filing his tax returns in first instance?

 

This case is for the AY 2008-09.



janardhan


self
[ Scorecard : 22]
Posted On 14 December 2010 at 18:09 Report Abuse

shri Rajnish Gupta ji

 

Please refer CBDT Instruction No.1/2006 dated 31.3.06 .Hope, thisinstruction will help you



upatel


Director
[ Scorecard : 22]
Posted On 07 March 2011 at 18:59 Report Abuse

Respected Nisha,

Do you have any judgment where deduction under section 10B is granted to unit registered under STPI as 100% EOU unit and doesn't have approval from board of approval. 

Is STPI registered unit is entitled to get income tax benefit under section 10B without any further approval from Development commissioner/Board for approval? We have approval from Director, STPI who has been delegated powers of development commissioner.

Please help ASAP.  thanks a lot.



SRINA


Business
[ Scorecard : 22]
Posted On 28 March 2011 at 17:13 Report Abuse

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.A. No. 156 of 2007
DATE OF DECISION : 24.07.2008 Commissioner of Income Tax, Chandigarh-II Vs
M/s Excel Softech Ltd., H. No. 1257, Sector 37B, Chandigarh
 

Please see this Case - A STPI Unit has claimed exemption under Section 10B



Nitin


TAX CONSULTANT
[ Scorecard : 22]
Posted On 09 December 2011 at 19:10 Report Abuse

Sir, what happened in ur case ? do u received claim u/s 10B ? if yes How?



nisha bansal


LAW OFFICER
[ Scorecard : 42]
Posted On 10 December 2011 at 10:02 Report Abuse

we have got exemption u/s 10B for three consecutive years for our 100% EOU.. it was A/y 2005-06, 2006-07, 2007-08.



Total thanks : 1 times


Jay


MD
[ Scorecard : 22]
Posted On 09 February 2014 at 16:23 Report Abuse

Our unit is a 100% EOU registered with STPI since Oct 2005 exporting software. We started operations in april 2005.

We have claimed exemption from paying taxes arising out of exporting software outside the country (section 10B). . We donot have any local clients In AY 2008-09 there seems to be some confusion with respect to section 10B and the assessing officer denied our claim. It is the same issue as Mr. Rajinish Gupta explains in the top of the page.

 

Pleas help.

 

 

 




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