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2020 (8) TMI 367

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..... the pre existing unit - total turnover computation for the purpose of Section 10A - HELD THAT:- Both the issues decided in favour of assessee as relying on M/S. SERVION GLOBAL SOLUTIONS LTD. [ 2019 (6) TMI 1514 - MADRAS HIGH COURT] - Tax Case Appeal No.486 of 2018 - - - Dated:- 23-7-2020 - HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN For Appella .....

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..... right in holding that the assessee is entitled for exemption under Section 10A when there is a clear violation of Section 10A(2)(ii) and without appreciating that STPI unit was not a new unit and it was formed by splitting up and reconstruction of the already existing business and the products, customers and employees were common to the pre existing unit and the unit for which the assessee claims .....

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..... nasamy, learned Standing Counsel appearing for the appellant/revenue strenuously contended that the Assessing Officer has independently decided the issue for the assessment year under consideration, namely, 2009-10. 6. We have examined the facts of the case and also the judgment in T.C.A.Nos.241 and 647 of 2008 dated 04.06.2019 and we find that a fact finding exercise was done in the earlier ro .....

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