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Commissioner of Income Tax Versus M/s. Gia Exports

2016 (5) TMI 357 - BOMBAY HIGH COURT

Deduction under Section 10A - Held that:- No manufacturing activity was carried out by the respondent-assessee for the three earlier years i.e. A.Y. 2006-07, 2007-08 and 2008-09 on the basis of a survey carried out on 25th September, 2008. The result of this survey would be relevant if at all for examining the petitioner's claim, if any, under Section 10A of the Act for the assessment year 2009-10. It cannot be the basis for denying the claim of benefit under Section 10A of the Act for the earli .....

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o be lacking in any material particulars by the authorities. The impugned order also finds that payments for imports and receipts on account of exports were made through regular banking channels and with the due approval of the Customs and Central Excise Department. - Decided in favour of assessee - Income Tax Appeal No. 2429 of 2013, Income Tax Appeal No. 304 of 2014, Income Tax Appeal No. 310 of 2014 - Dated:- 2-5-2016 - M. S. Sanklecha And A. K. Menon, JJ. For the Appellant : Mr. Ashok Kotang .....

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which is listed on board. 2. These three appeals under Section 260A of the Income Tax Act(the Act) challenge the common impugned order dated 19th June, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The common impugned order relates to assessment years 2006-07, 2007-08 and 2008-09. 3. The Revenue urges the following identical question of law in all the three appeals as under: Whether on the facts and the circumstances of the case and in law, the Tribunal is justified in confir .....

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espondent-assessee's premises. Consequent to the search, a notice under Section 153C of the Act was issued seeking to reassess the respondent for all the three assessment years. During the course of assessment proceedings, the Assessing Officer disallowed the respondent-assessee's claim for deduction under Section 10A of the Act. This essentially on the basis of the survey report filed consequent to the survey conducted on 25th September, 2008. The survey report indicated that at the tim .....

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t to tax for A.Y. 2006-07, 2007-08 and 2008-09. 5. Being aggrieved by the orders of Assessing Officer, the respondent-assessee filed the appeals to the Commissioner of Income Tax (Appeals) (CIT(A)). All the three appeals relating to A.Y. 2006-07, 2007-08 and 2008-09 were heard together and disposed of by common order dated 12th September, 2011. On examination of facts, the CIT(A) found that the finding of the Assessing Officer that plant and machinery was not in working condition was without vis .....

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epartment. It was found that there were supporting documents to indicate import of the raw material and export of the finished goods and receipt of consideration consequent to the export. It was also noted that on 25th September, 2008 when the survey took place, the respondent-assessee's unit was admittedly closed as in that assessment year i.e. A.Y. 2009-10 no manufacture took place as it did not have any export orders to meet. It is pertinent to note that all these documents in its support .....

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ember, 2011 of the CIT(A), the revenue-appellant carried the issue in appeal to the Tribunal. The Tribunal found that the entire basis of the proceedings before it is the report of the survey team which carried out survey on 25th September, 2008. The Tribunal found that report of the survey would be relevant to determine the state of affairs during the assessment year 2009-10. It cannot reflect the state of affairs with regard to the respondent's unit at Surat during the three earlier assess .....

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. It further observed the fact that the survey team noticed the irregularities at the time of survey but did not even remotely suggest any irregularities in the respondent-assessee's manufacturing activity for the earlier assessment years i.e. A.Y. 2006-07, 2007-08 and 2008-09. In the above view, the Tribunal by the common impugned order dismissed the Revenue's Appeal for all the three years. 7. We find that the Assessing Officer has come to the conclusion that no manufacturing activity .....

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