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2011 (6) TMI 173 - AT - Income TaxExemption under section 10B - Rule 46A of Income-tax Rules, 1962 - 100% EOU - assessee executed the legal agreement in the prescribed form which was furnished to SEZ authorities vide letter dated 17-4-2006 - It is a case where a letter of communication issued by SEZ authorities Noida dated 5-5-2005 while processing assessee's application for approval under 100 per cent EOU scheme has been projected by the assessee as a final approval certificate - Held that: there was a definite distinction in the way the industrial undertaking owned by the appellant firm operated in the current assessment year as compared to the earlier years - Assessing Officer did not care to furnish the same despite a period of 15 months. In our view, the Assessing Officer did not discharge its duties properly for which CIT(A) cannot be blamed Coming to the issue about assessee's activity not amounting to 'manufacture' or 'production' or article or things - It is pleaded that individual components are ordered as raw/semi-finished components, which are carved, polished, finished putting various emblems and designs thereon - The scope and meaning of words "manufacture and production of article or thing", as used in section 10B has close relationship with the definition of "manufacture" in SEZ Act and the meaning referred to in Foreign Trade Policy of India assessee's activities having come into existence from 22-9-2006, in our view the learned counsel for the assessee has referred to various documents and RTI applications which clarify the issue and demonstrates that the assessee's LOP was granted by the Development Commissioner w.e.f. 5-5-2005 which has been ratified by 21-7-2005 and the commencement of unit by this ratification dates back to 5-5-2005 - Decided in favour of the assessee
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