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TMI Blog2015 (11) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, we heard both appeals together and disposing the same by this common order. 2. Let us first take the Revenue's appeal in I. T. A. No. 2816/Mds/2014. The only ground raised by the Revenue is with regard to exclusion of expenses from the export turnover and total turnover. 3. Sh. Joe Sebastian, the learned Departmental representative, submitted that the Assessing Officer excluded the expenses from export turnover. However, the same were not excluded from the total turnover. The Commissioner of Income-tax (Appeals) directed the Assessing Officer to exclude the expenses from the total turnover also. According to the learned Departmental representative, the export turnover is only in respect of the export of the goods, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act. The Assessing Officer disallowed the claim of the assessee on the ground that the Inter Ministerial Committee constituted by the Government of India under section 14 of the Industries (Development and Regulation) Act, 1951 does not approve the assessee. Referring to the order of the Development Commissioner, MEPZ Special Economic Zone, the learned representative submitted that the Development Commissioner has granted the approval. This was subsequently ratified by the Board in its second meeting held on March 25, 2011. The approval granted by the Board was communicated to the assessee by the Development Commissioner, a copy of which is available at page 8 of the paper-book. Therefore, according to the learned representative, it may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case, it is nobody's case that the Board constituted by the Government of India has accorded, under Explanation 2(iv) to section 10B of the Act, approval to the assessee as 100 per cent. export oriented unit. In this case, the assessee was approved by the Development Commissioner of the Special Economic Zone. No material is available on the record to show that the assessee was approved by the Board constituted by the Government of India. According to the learned representative, the approval granted by the Development Commissioner was subsequently ratified by the Board nominated by the Ministry of Commerce. It is not known whether the Board of Approval nominated by the Ministry of Commerce was appointed under section 14 of the Industrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opment abd Regulation) Act, 1951, this Tribunal is of the considered opinion that the matter needs to be re-examined. Moreover, section 10A also gives exemption to 100 per cent. export oriented unit. Therefore, this Tribunal is of the considered opinion that the matter needs to be re-examined by the Assessing Officer in the light of the provisions of section 10A of the Act, in case the assessee is not eligible under section 10B of the Act. Accordingly, the orders of the lower authorities are set aside and the entire issue is remitted back to the file of the Assessing Officer. The Assessing Officer shall re-examine the issue afresh and find out whether the Board constituted by the Government of India under section 14 of the Industries (Devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 10A of the Act, the learned representative submitted that the export turnover does not include freight, telecommunication charges or insurance attributable to the delivery of the articles, etc. These facts are not appreciated by the Commissioner as well as the Assessing Officer. According to the learned representative, the assessee has now filed copies of the ledger extract to show that the commission expenses and other expenses were not paid outside India, hence, it was not incurred in foreign exchange. The lower authorities had no occasion to examine the ledger extract. Therefore, the learned representative submitted that the matter may be remitted back to the file of the Assessing Officer. 14. On the contrary, Sh. Joe Sebastian, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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