ORDER :

The order passed by the respondent, rejecting the reasons furnished for reopening of assessment in proceedings dated 15.11.2016, is under challenge in the present writ petition.

2. The petitioner is an assessee engaged in the business of design, manufacture, supply, erection and installation of lifts and supply, erection and installation of escalators. It is engaged in manufacture and export of computer software which is a 100% export oriented unit duly approved vide proceedings dated 28.02.2002 under the Software Technology Park Scheme of the Government of India which was issued under the delegated power of the Directors of Software Technology Parks of India (STPI) by Inter Ministerial Standing Committee (IMSC) vide letter dated 24.06.1993.

3. There is no serious dispute in respect of the facts placed by the petitioner. The respondent-Department have also not disputed the nature of business as well as the order of approval issued by the Directors of STPI by IMSC vide letter dated 24.06.1993.

4. The issue raised is about the exemption to be granted under Section 10B of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).

5.The learned counsel for the petitioner made