IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER)

AND SMT. RENU JAUHRI (ACCOUNTANT MEMBER)

Assessment Year: 2012-13 Rupa Infotech & Vs. Dy. Commissioner of Infrastructure Pvt. Ltd. Income Tax, Circle

401, Rupa Plaza 14(1)(2), Mumbai Jawahar Road, Ghatkopar (East)

Mumbai - 400077 [PAN: AADCR0249Q]

(Appellant) (Respondent)

Assessee by Shri S.L. Jain, AR Revenue by Shri Umashankar Prasad, CIT D/R &

Shri Annavaran Kosuri, Sr. DR Date of Hearing 20.11.2025 Date of Pronouncement 05.12.2025 ORDER Per Smt. Beena Billai, JM:

Present appeal filed by the assessee arises out of order dated

11/07/2025 passed by NFAC, Delhi [hereinafter “the Ld. CIT(A)”] for assessment year 2014-15 on the following grounds:-

“1. Ld. CIT(A) erred in withdrawing, part of deduction allowed u/s.80IA(4)(iii) on income to the extent of Rs.98,30,536/-,although allowed in Original Assessment on the plea that profit on resale of units is not profit on developing eligible Software Techno Park without considering the fact that appellant reacquired the units, by way of return, carried out development activities and resold, profit earned being assessed as business income of the eligible