Where the assessee had set up a new STP unit with fresh infrastructure, new plant and machinery, newly designed software and a separately recruited workforce, and both the Commissioner (Appeals) and the Tribunal, on facts, had concluded that the undertaking was not formed by splitting up or reconstruction of an existing business, the STP unit was held to be a new undertaking satisfying the conditions prescribed under section 10A(2) and, therefore, deduction under section 10A could not be denied.  Followed: Textile Machinery Corporation Ltd. v. CIT [1977] 107 ITR 195 (SC)   (AY. 2007-08)