Commissioner Of Income Tax vs Legato Systems India (P) Ltd.
2005 Latest Caselaw 990 Del

ORDER

1. The Tribunal has recorded a finding of fact that the respondent-assessed was not an old unit already in existence so as to be disentitled to the benefit of exemption under Section 10A of the IT Act, 1961, It has, on that finding, remitted the matter back to the AO with the following directions :

We, therefore, set aside the orders of the authorities below on this point and restore the matter back to the file of the AO with a direction to allow exemption under Section 10A in both the years in case the assessed is found to have satisfied all other requisites envisaged in the scheme of Section 10A of the Act. In case the exemption under Section 10A cannot be allowed for the reasons of not satisfying the requisites, the claim of deduction under Section 80HHE shall be allowed after providing opportunity to meet the requisites.

2. The above direction is, in our view, just and proper hence does not call for any interference especially when the question (whether the assessed) satisfies the pre-requisites stipulated for the purpose of getting benefit under Section 10A is a matter left to be determined by the AO. So also the entitlement of the assessed to seek deduction under Section 80HHE having been left to be determined by the AO, subject to assessed's satisfying the pre-requisites stipulated for the grant of such a benefit under the said provision. No question of law much less a substantial question of law arises for our consideration in this appeal to warrant its admission.

The appeal is accordingly dismissed in liming.