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2018 (4) TMI 1370 - HC - Income TaxClaim of deduction u/s 10B - whether mere processing of the iron ore in a plant and machinery located outside the bonded area will not disentitle the assessee from deduction where the iron ore was excavated from the mining area belonging to an export oriented unit - location of the ‘SESA Plant’ outside the EOU and customs bonded area - Held that:- The judgment in the case of Commissioner of Income Tax Vs. Caritor (India) Pvt. Ltd. (2015 (2) TMI 670 - KARNATAKA HIGH COURT) though arises in the context of deduction under Section 10A of the Act which is different from deduction under Section 10B in so far as Section 10A provides for the location of the unit in the ‘Special Economic Zone’ [see 10A 2(c)] such locational restriction is absent in case of Section 10B, however the principle that benefit of customs and excise duty is independent of the entitlement of deduction under the Income Tax Act is applicable in the present case also. Hence, in our view, mere location of the ‘SESA Plant’ outside the EOU and customs bonded area is not a disqualification to claim deduction under Section 10B of the Act. - Decided against revenue
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