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Whether in the facts and circumstances of thecase, the Tribunal is justified in law in allowing deduction under Section 10A in thesituation of purchase of plant and machinery cannot be termed as new in the hands of the purchaser and accordingly, failed to satisfy the condition that not more than 20% of plant and machinery should have been previously used by any other person?

Shanti Prime Publication Pvt. Ltd.

Sec. 10A of Income tax Act, 1961— Deduction — Tribunal is justified in allowing deduction under Section 10A in the situation of purchase of plant and machinery cannot be termed as new in the hands of the purchaser and accordingly, failed to satisfy the condition that not more than 20% of plant and machinery should have been previously used by any other person.

Facts: Whether in the facts and circumstances of the case, the Tribunal is justified in law in allowing deduction under Section 10A in the situation of purchase of plant and machinery cannot be termed as new in the hands of the purchaser and accordingly, failed to satisfy the condition that not more than 20% of plant and machinery should have been previously used by any other person?

Held, that substantial questions of law has already been answered in favour of the assessee and against the Revenue vide judgments dated 14.11.2018 passed by a Division Bench of this Court in I.T.A.No.368/2010 and I.T.A.No.4/2011. - CIT V/s SAMSUNG INDIA SOFTWARE OPERATIONS PVT. LTD. - [2020] 26 ITCD Online 099 (KARN)