TRANSTEC OVERSEAS P. LD,MUMBAI vs. ITO WD 2(2)(4), MUMBAI

PDF · subscribers
ITA 94/MUM/2013Status: DisposedITAT Mumbai17 October 2016AY 2009-102 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the order of the CIT(A) as the assessee failed to provide any material to contradict the lower authorities' view. Therefore, the restriction on the deduction was sustained.

What were the facts?

The assessee claimed deduction under Section 10AA of the Income Tax Act for the assessment year 2009-10. The tax authorities restricted this deduction, holding that sales to Air India from the SEZ unit did not qualify as export turnover.

What were the issues?

Whether sales made by an SEZ unit to Air India qualify as export turnover for the purpose of deduction under Section 10AA.

Which sections of the Income-tax Act were involved?

Section 10AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)& Ramlal Negi (JM)

For Respondent: Shri Nitin Waghmode
Hearing: 17.10.2016Pronounced: 17.10.2016

O R D E R Per B.R. Baskaran (AM) :-

The appeal filed by the assessee is directed against the order dated 5.10.2012 passed by learned CIT(A)-5, Mumbai and it relates to A.Y. 2009-10.

2.

None appeared on behalf of the assessee even though the case was adjourned on the last occasion at the specific request of the assessee. Hence, we proceed to dispose of the appeal ex parte, without presence of the assessee.

3.

The only issue urged in this appeal relates to deduction claimed by the assessee u/s. 10AA of the I.T. Act.

4.

We have heard learned Departmental Representative and perused the record. We noticed that the tax authorities have restricted the deduction u/s. 10AA of the Act by holding that sales made by the assessee from its SEZ unit to Air India will not qualify for deduction u/s. 10AA of the Act, since the same cannot be considered as export turnover. Before us no material was filed by 2 M/s. Transtec Overseas Pvt. Ltd.

the assessee to contradict the view taken by learned CIT(A). Hence, we do not find any reason to interfere with the order passed by the learned CIT(A).

5.

In the result, appeal filed by the assessee is dismissed.

Order has been pronounced in the Court on 17.10.2016

More judgments on Section 10AA

All 857 judgments and leading authorities on Section 10AA →

Recent GST High Court judgments

Search GST case law →