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2020 (3) TMI 1163 - AT - Income TaxDeduction u/s.10AA - SEZ unit - Business of proprietary concern was taken over by the partnership firm - fresh approval from SEZ in respect of the partnership firm - CIT(A) noted that the deduction of section 10AA is unit specific and it is not dependent upon the ownership - HELD THAT:- Assessment unit is the same. There is change in the ownership from sole proprietorship to partnership. Earlier unit was under the proprietorship of Mr. Albert Kallati and same was taken over by the partnership firm namely Lorey Jewel wherein the partners were Mr. Albert Kallati and his daughter. Nature of business carried out from the unit remains same. Unit remains approved by the SEZ authority. No case has been made out the SEZ authorities have revoked approval. Similar issue has been dealt with by Hon'ble Allahabad High Court in the case of in the case of CIT Vs. Bullet International [2012 (5) TMI 187 - ALLAHABAD HIGH COURT] - On similar issue of deduction u/s. 10A for change in constitution from proprietorship to partnership firm, Hon'ble High Court relied upon Circular issued by CBDT and allowed the claim. Similar view was taken by the ITAT in the case of Samsung India Software Operations P. Ltd. [2012 (6) TMI 632 - ITAT, BANGALORE]. Grounds for relief were that deduction is undertaking (unit) specific and the same could not be denied on the ground that undertaking has a new owner. In our considered opinion issue from these case laws are squarely applicable under the facts of the present case also. Decided against the Revenue
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