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2015 (11) TMI 1053 - ITAT CHENNAI

2015 (11) TMI 1053 - ITAT CHENNAI - [2015] 41 ITR (Trib) 357 (ITAT [Chen]) - Deduction under section 10B denied - Held that:- Before the Commissioner of Income-tax (Appeals), the assessee has produced documents whatever documents he has produced before us in paper book. However, the Commissioner of Income-tax (Appeals) declined to consider the same as there is no petition for admitting these as fresh evidence. The Commissioner of Income-tax (Appeals) failed to point out discrepancies to the asse .....

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th the Commissioner of Income-tax (Appeals). The Assessing Officer shall redecide the issue after giving adequate opportunity of hearing to the assessee. - Decided in favour of assessee for statistical purposes. - I. T. A. No. 558 /Mds/ 2015(assessment year 2011-12). - Dated:- 22-5-2015 - CHANDRA POOJARI (Accountant Member) and V. DURGA RAO (Judicial Member) Saroj Kumar Parida for the appellant. S. Das Gupta for the respondent. ORDER The order of the Bench was delivered by 1. Chandra Poojari (Ac .....

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m of deduction under section 10B of the Act, relied upon the ratio of the decision of the Delhi High Court in the case of CIT v. Regency Creations Ltd. [2013] 353 ITR 326 (Delhi). Against this, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals). 4. The learned authorised representative for the assessee submitted before the Commissioner of Income-tax (Appeals) that it has got a letter from the Assistant Development Commissioner of MEPZ SEZ wherein the decision of the .....

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itted before him did not make the assessee eligible for the claim of deduction under section 10B of the Act. The assessee did not produce sufficient evidence to grant deduction under section 10B of the Act as required by the hon'ble Delhi High Court in the case of CIT v. Regency Creations Ltd. [2013] 353 ITR 326 (Delhi). Hence, the Commissioner of Income-tax (Appeals) dismissed the ground of the assessee. Against this, the assessee is in appeal before us. 5. The learned authorised representa .....

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as per the Act whereas the Assessing Officer has granted deduction under section 10B for the assessment year 2010-11 in his assessment order dated February 22, 2014 and hence the Commissioner of Income-tax (Appeals) ought to have directed the grant of deduction under section 10B. The Commissioner of Income-tax (Appeals) erred in holding that the letter dated February 19, 2014 from the Development Commissioner intimating the ratification of approval from the Development Commissioner by the Board .....

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including the miscellaneous and interest income as part of total turnover. 6. The authorised representative of the assessee also filed paper book with the following documents : "1. Letter to the Deputy Commissioner of Income-tax dated Febuary 20, 2014. 2. Letter from the Ministry of Finance with regard to clarification of deduction under section 10B. 3. Letter from MEPZ dated February 19, 2014. 4. Letter from the Ministry of Commerce and Industry regarding approval of export-oriented unit .....

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