Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 714 - AT - Income TaxDeduction u/s 10B - Denial of deduction as assessee has not followed rules and regulations for 100% export oriented unit (EOU) - also rejected the claim of deduction of duty drawback amounting to ₹ 42,80,369/- on the ground that such duty drawback are not eligible for deduction u/s. 10B - HELD THAT:- Order of the Development Commissioner, SEZ Noida raising certain serious objections were not before the AO or the CIT(A) or the Tribunal and, therefore, submission of the Ld. Counsel for the assessee that it is a covered matter in favour of the assessee cannot be accepted at this stage. However, considering the fact that the assessee has challenged the order of the Development Commissioner SEZ which is sub-judice and has not attained finality, therefore, we deem it proper to restore the issue to the file of the AO with a direction to give an opportunity to the assessee to substantiate as to what has happened to the outcome of the issues raised by the Development Commissioner, Noida SEZ and decide both the issues as per fact and law. While deciding the issues he shall also keep in mind the decision of the Tribunal and the Hon’ble High Court in assessee’s own case.- Appeal filed by the assessee is allowed for statistical purpose.
|