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2013 (9) TMI 435 - AT - Income TaxExemption u/s 10A of the Income Tax Act - Disallowance of exemption claimed u/s. 10A of Rs.2,37,70,404/- on the alleged ground that the assessee was blending different types of tea but not manufacturing or producing any articles for the purpose claiming exemption u/s.10A – Held that:- In view of the admission made by AO, that assessee is carrying on the activity of blending of tea consistently, on factual aspects, which Revenue has not objected. It is not the case of the Revenue that there is no blending – Further, relying upon the decision in the case of Madhu Jayanti International Ltd [2012 (7) TMI 531 - ITAT KOLKATA ], claim of the assessee is allowed – Decided in favor of Assessee. Relying upon the case Madhu Jayanti International, it is held that assessee who are in the business of blending and processing of tea and export thereof in 100% EOUs are manufacturer / producer of the tea for the purpose of claiming exemption u/s. 10B of the Act. Further, assessee who are in the business of blending and processing of tea in respect of undertakings in free trade zones are manufacture / producer of tea for the purpose of claiming exemption u/s. 10A of the Act – Examination of facts in the case of Madhu Jayanti International Ltd. is done, and found that there is blending of tea and consequently assessee is eligible for exemption u/s. 10B of the Act as prayed for. There appeal for the AY 2004-05 is allowed.
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