Income Tax Appellate Tribunal - Ahmedabad
The Dcit, Circle-5 (Osd),, Ahmedabad vs M/S. Qx Kpo Services Pvt. Limited, ... on 27 July, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "A" BENCH
(BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER
& SHRI S. S. GODARA, JUDICIAL MEMBER)
ITA. No: 2323/AHD/2014
(Assessment Year: 2008-09)
DCIT, CIR-5(OSD), V/S M/s. Qx KPO Services Pvt.
Ahmedabad Limited (formally known as
Quality BPO Services Pvt.
Ltd.) 401, GNFC Info
Tower, S.G. Road,
Bodakdev, Ahmedabad-
380052
(Appellant) (Respondent)
PAN: AAACQ1087G
Appellant by : Shri K. Madhusudan, Sr. D.R.
Respondent by : Shri T. R. Shah, A.R.
(आदे श)/ORDER
Date of hearing : 25 -07-2017
Date of Pronouncement : 27 -07-2017
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
1. With this appeal, the Revenue has challenged the correctness of the order of the Ld. CIT(A)-XI, Ahmedabad dated 15.05.2014 pertaining to A.Y. 2008-
09. 2 ITA No. 2323/Ahd/2014
. A.Y. 2008-09
2. The only grievance of the Revenue is that the ld. CIT(A) erred in deleting the penalty of Rs. 21,00,000/- levied u/s. 271(1)(c) of the Act.
3. The roots for the levy of penalty lie in the assessment order dated 06/12/2010 framed u/s. 143(3) of the Act. The returned income of Rs. 67,08,733/- was assessed at Rs. 67,08,730/- by denying the claim of deduction u/s. 10B of the Act. The matter travelled up to the Tribunal and the Tribunal vide order dated 04/11/2015 in ITA No. 120/Ahd/2012 held as under:-
7. In the light of decisions of Co-ordinate Bench as well as other Benches of the Tribunal, wherein it has been categorically held that approval by Software Technology Parks of India comes under the Ministry of Communication & Information Technology & is a competent authority to grant approval to such units for claiming benefits u/s 10B as 100% Export Oriented Undertaking and the same is possessed by assessee and also looking to the facts of the case of assessee wherein assessee has been allowed deductions u/s 10B in Asst. Years 2007-08, 2010-11 & 2011-12 consistently, we are of the considered view that the assessee's claim of deduction under section 10B at Rs.67,08,733/- is justified and accordingly the order of CIT(A) is quashed and the appeal of assessee is allowed.
4. "Sublato fundamento cadit opus"- In the case the foundation is removed, the superstructure falls. Since, the basis for the levy of penalty has been removed by the order of the Tribunal (supra), we do not find any error or infirmity in the findings of the ld. CIT(A).
3 ITA No. 2323/Ahd/2014. A.Y. 2008-09
5. Appeal filed by the Revenue is accordingly dismissed.
Order pronounced in Open Court on 27 - 07- 2017
Sd/- Sd/-
(S.S. GODARA) (N. K. BILLAIYA)
JUDICIAL MEMBER True Copy ACCOUNTANT MEMBER
Ahmedabad: Dated 27 /07/2017
Rajesh
Copy of the Order forwarded to:-
1. The Appellant.
2. The Respondent.
3. The CIT (Appeals) -
4. The CIT concerned.
5. The DR., ITAT, Ahmedabad.
6. Guard File.
By ORDER
Deputy/Asstt.Registrar
ITAT,Ahmedabad