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1 - 7 of 7 (0.28 seconds)Section 10B in The Income Tax Act, 1961 [Entire Act]
Section 14 in The Industries (Development And Regulation) Act, 1951 [Entire Act]
The Commissioner Of Income Tax vs Regency Creations Ltd. on 17 September, 2012
Development Commissioner had vide its order dated 19.03.2007
recognized the assessee as 100% EOU. Contention of the ld.
Authorised Representative was that this was reaffirmed through an
order dated 10.06.2012. As per the ld. Authorised Representative in
the letter dated 27.03.2014 from Development Commissioner of MEPZ,
Chennai, it was clearly stated that approval given by the Development
Commissioner of MEPZ/SEZ on 09.03.2007, stood ratified by the Board
of Approval of EOU scheme, in its meeting held on 25.03.2011.
Contention of the ld.AR was that CBDT Instruction No.2/2009, dated
09.03.2009 read alongwith Corrigendum to the said instruction issued
on 08.05.2009 clearly validated approvals given by the Development
Commissioner as 100% EOU, once it was ratified by Board of Approval
for EOU scheme, for the purpose of claiming exemption u/s.10B of the
Act. Despite this as per the ld. Authorised Representative, ld. Assessing
Officer in the fresh assessment, pursuant to the directions of the
Tribunal, held the assessee as not eligible for claiming deduction
u/s.10B of the Act. As per the ld. Authorised Representative, ld.
Assessing Officer had relied on a judgment of Hon'ble Delhi High Court
in the case of CIT vs. Regency Creations Ltd, 353 ITR 326 for taking
a view that there was no official document authorizing any officer or
agency to perform the duties of the Board constituted u/s.14 of the
Industries (Development and Regulation) Act, 1951.
Section 10 in The Income Tax Act, 1961 [Entire Act]
Section 10A in The Income Tax Act, 1961 [Entire Act]
Principal Commissioner Of Income Tax vs Eci Technologies Pvt. ... on 22 April, 2015
The ld. Authorised Representative relied on the judicial decisions
and we on perusal of decision of Gujarat High Court in the case of
Principal Commissioner of Income Tax vs. ECI Technologies Pvt.
Ltd (2015) 375 ITR 0595 (Guj) were similar issue on Sec. 10B was
dealt were it was held as under:
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