TMI Blog2008 (9) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... sferred had actually been sold by the unit and therefore, would have to be construed as actual exports by the said units of the assessee - pure finding of fact – exemption allowed – revenue appeal dismissed - 824/2008 - - - Dated:- 22-9-2008 - Advocates who appeared in this case: For the Appellant : Mr R. D. Jolly For the Respondent : Mr Ajay Vohra and Ms Kavita Jha CORAM :- HON'BLE MR J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs 72.78 crores and the remaining sales were on account of stock transfer to the assessee's Rotterdam unit amounting to Rs 73.46 crores. There was a certain amount of domestic sales amounting to Rs 2.33 crores and sale of scrap amounting to Rs 0.18 crores. The Assessing Officer was of the view that the assessee was not entitled to the exemptions under Section 10A/10B of the Act, since its dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by him. 4. The matter was looked at by the Income Tax Appellate Tribunal from two stand points. The first being from the stand point of its earlier decision in the case of Virage Logic International v. Dy Director of Income Tax wherein, under similar circumstances, the Tribunal was of the view that the transmission of computer software from the Indian entity to its head office situated o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, would have to be construed as actual exports by the said units of the assessee. Since that constituted more than 75% of the total sale, the Tribunal came to the conclusion that there was no reason to deny exemptions claimed by the assessee under Section 10A/10B of the Act. This is a finding of fact which has not been shown to be perverse. The provisions as they stood for the relevant time ..... X X X X Extracts X X X X X X X X Extracts X X X X
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