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2015 (12) TMI 1547 - ITAT MUMBAI

2015 (12) TMI 1547 - ITAT MUMBAI - TMI - Exemption u/s. 10A - Held that:- CIT(A) correctly allowed the claim of the assessee observing that the assessee had satisfied the conditions for eligibility to claim exemption under section 10A of the Act. Also observed that the assessee’s claim has also been allowed for the two assessment years following its inception. The assessee has duly proved by various evidences that the business was actually carried out by the assessee and that there were 88 emplo .....

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For the Revenue : Abhivay Kumbhar, D.R. ORDER Sanjay Garg (Judicial Member) The present appeal has been preferred by the Revenue against the order dated 07.03.2013 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2009-10. 2. The Revenue has taken the following grounds of appeal: "1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in directing to allow exemption u/s. 10A of I.T. Act, 1961 w .....

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one individual and his relatives. 3. The appellant prays that the order of Ld.CIT(A) on the above ground be set aside and matter be restored to the Assessing Officer. 4. The appellant craves leave to amend or to alter, any ground or add a new ground, which may be necessary." M/s Unno Source Corporation USA which was owned by Mr. Pranav Gundaria, his wife and 3. The brief facts of the case are that during the assessment proceedings, the Assessing Officer (hereinafter referred to as the AO) o .....

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incurred paltry expenses and that it was not possible to generate a turnover of ₹ 7.04 crores based on the incurring of such expenses. The AO also noted that as per transfer pricing report, the number of employees of the assessee concern was 80 but the salary register showed only 52 and observed that the assessee had not been able to prove the technical competence of any of the workers who provided the IT enabled services for civil engineering. The AO also took exception to the expenses in .....

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r of the AO, the assessee preferred appeal before the Ld. CIT(A). The assessee made a detailed submission in support of its claim and also furnished the additional evidences as mentioned in para 4.2 of the impugned order. The Ld. CIT(A) forwarded the said evidences to the AO for verification and comments. The AO thereafter conducted the investigation in respect of the evidences submitted by the assessee and came to the following conclusion: The firm has produced voluminous data regarding drawing .....

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