IMSI India (P.) Ltd. v. DCIT (2018) 191 TTJ 662/ 166 DTR 337 (Delhi )Trib.)

S. 80-IC : Special category States– Support services provided to IT companies by the assessee through its own staff is eligible for deduction .

Assessee was engaged in providing support services to the IT companies through online, onsite and offsite modes and all the work performed at the site of client was through the staff of the assessee. The assessee had its operational unit in Dehradun and was creating jobs in Dehradun, Uttaranchal bringing new IT call centres and BPO companies to Dehradun to deliver IT services. All the facilities to its clients were controlled and provided from Dehradun and activities undertaken by the assessee fell in the category of Information and Communication Technology Industry in clause No. 13 of Part C of Schedule Fourteenth. Hence the assessee fulfilled the conditions to claim deduction under section 80-IC (ITA Nos. 5856 of 2011, 4277, 5744 of 2012 & 2506 (Del.) of 2013 dt. 27-10-2017)(AY. 2007-08 to 2010-11)