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The ITAT allowed the assessee's appeal, overturning the AO and CIT(A)'s rejection of exemption under section 10(26AAA). The assessee, a sole proprietor and bona fide resident of Sikkim prior to 1 April 1975, was initially denied exemption due to use of a firm's PAN and classification issues. The Tribunal held that the CIT(A) erred in not considering the Supreme Court ruling affirming that all Indian citizens domiciled in Sikkim as of 26 April 1975 qualify for exemption under section 10(26AAA). Further, it recognized that a Sikkimese woman married to a non-Sikkimese after 1 April 2008 is also entitled to this exemption. Consequently, the assessee's income from the petrol pump business is exempt under section 10(26AAA), and the appeal was allowed.
The ITAT allowed the assessee's appeal, overturning the AO and CIT(A)'s rejection of exemption under section 10(26AAA). The assessee, a sole proprietor and bona fide resident of Sikkim prior to 1 April 1975, was initially denied exemption due to use of a firm's PAN and classification issues. The Tribunal held that the CIT(A) erred in not considering the Supreme Court ruling affirming that all Indian citizens domiciled in Sikkim as of 26 April 1975 qualify for exemption under section 10(26AAA). Further, it recognized that a Sikkimese woman married to a non-Sikkimese after 1 April 2008 is also entitled to this exemption. Consequently, the assessee's income from the petrol pump business is exempt under section 10(26AAA), and the appeal was allowed.
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