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.