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2016 (5) TMI 357 - HC - Income TaxDeduction under Section 10A - Held that:- No manufacturing activity was carried out by the respondent-assessee for the three earlier years i.e. A.Y. 2006-07, 2007-08 and 2008-09 on the basis of a survey carried out on 25th September, 2008. The result of this survey would be relevant if at all for examining the petitioner's claim, if any, under Section 10A of the Act for the assessment year 2009-10. It cannot be the basis for denying the claim of benefit under Section 10A of the Act for the earlier assessment years 2006-07, 2007-08 and 2008-09 in the absence of any evidence to support the Revenue's contention of no manufacture during the three assessment years i.e. A.Y. 2006-07, 2007-08 and 2008-09. Both the CIT(A) as well as the Tribunal have on examination of the record rendered a finding of fact that the respondent is engaged in manufacturing activity under the control of Central and Excise Department. The document which was submitted during the assessment proceeding were not found to be lacking in any material particulars by the authorities. The impugned order also finds that payments for imports and receipts on account of exports were made through regular banking channels and with the due approval of the Customs and Central Excise Department. - Decided in favour of assessee
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