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TMI Blog2023 (6) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... to the issue in both the appeals are identical and the grounds raised by the Department in the appeals are similar, these appeals are taken up together for adjudication and are decided by this common order. ITA NO.943/MUM/2023-A.Y.2015-16: 3. The Revenue has raised following grounds of appeal: "1. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) is justified in holding that the assessee is eligible for deduction u/s. 10AA of the I.T. Act, 1961. 2. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) is justified in allowing the claim of deduction u/s.10AA of the I.T. Act, 1961 made by the assessee in respect of the profits arising out of the trading activity. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2005 [in short 'the SEZ Act']. Further, the CIT(A) placed reliance on the following decisions in support of his findings: (i) DCIT vs. Goenka Diamond & Jewellers Ltd., 19 taxamann.com 91 (Jaipur) (ii) M/s. Geetanjali Exports Corporation Ltd. vs. ACIT, ITA Nos.6781 & 6783/Mum/2011 decided on 08/05/2013. (iii)Zaveri & Co.(P) Ltd. vs. CIT-IV, Ahmedabad, ITA Nos. 1395 & 1396 AHD of 2013. (iv) CIT, Circle -2(1), Guntur vs. Bommidala Enterprises (P) Ltd., ITA Nos. 272 to 274(VIZAG) of 2012, 477 & 484(VIZAG) of 2014 & 271 & 275(VIZAG) of 2016. (v) ITO 15(1)(4) vs. Duty Free Distribution Services (P)Ltd. , ITA No.2753(MUM) of 2015. (vi) Solitaire Diamond Exports vs. ITO 19(3)(4), Mumbai , ITA No.3128(MUM) of 2019. Hence, the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illage, Tahasil Panvel, Dist. Raigarh for Apple Mac - all types of Apple products, accessories of Laptop systems, Apple Moc Phone, Cabinets, etc. The ld. Authorized Representative of the assessee further referred to clause (xx) of the said letter, wherein reference to Rule -76 of SEZ Rule 2006 has been made, wherein it has been clarified that expression trading for the purpose of Second Schedule of the SEZ Act 2005 shall mean import for the purpose of re-export. 6. We have heard the submissions made by rival sides and have examined the orders of authorities below. We have also considered the documents on which the ld. Authorized Representative of the assessee has placed reliance in support of his submissions. In so far as the activities ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g information enabled services such as backoffice operations, call centers, content development or animation, data processing, engineering and design, graphic information system services, human resources services, insurance claim processing, legal data bases, medical transcription, payroll, remote maintenance, revenue accounting, support centers and web-site services, offshore banking services, professional services (excluding legal services and accounting) rental/leasing services without operators, other business services, courier services, audio-visual services, construction and related services, distribution services (excluding retail services), educational services, environmental services, financial services, hospital services, other hu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e contention of the assessee therein was that the assessee was in the business of trading and the expression "trading" would mean rendering of services. The Tribunal after considering the provisions of section 10AA of the Act and provisions of SEZ Act and various decisions concluded as under: "2.20............... Thus the word services as mentioned in Section 10AA cannot be construed in-consistently with the definition of services given in the SEZ Act. Under the SEZ act, the trading is included in the services provided the trading is export of imported goods. We therefore, feel that the assessee is entitled to deduction u/s 10AA of the Act and therefore, the Ld. CIT(A) was justified in allowing the exemption." Similar view has been expre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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