2011 (2) TMI 1415

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.... Hari Om Maratha (Judicial Member) This appeal of the Revenue, for assessment year 2007-08, is directed against the order of the ld. CIT(A)-XII, Chennai, dated 29.4.2010. 2. Briefly stated, the facts of the case are that the assessee-firm is engaged in the business of exporting granite and it claimed deduction u/s 10B of the Income-tax Act, 1961 (hereinafter referred to as 'the Act' ....

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....der dated 13.8.2009 on the ground that the assessee had exported polished granite. While doing so, the Tribunal had observed that the assessee extracts granite blocks from the quarry, dresses them and polishes them before exporting. The Assessing Officer tried to distinguish the facts of the year 2005-06 by observing that from the sales invoices in this year it is seen that the goods exported are ....

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....from the facts of this year 2007-08. A copy of the Tribunal order dated 30.8.2009 has been placed before us for our perusal. 3. We have perused the Tribunal order and have considered the entire facts and evidence available before us. We are in agreement with the ld. CIT(A) that there is no change in the business of the assessee from earlier years and similar type of export is being done in this....

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.... benefit u/s 10B of the Act. The third party exports are also considered as export when such exports are made 100% EOU which manufactures the articles or things are received or brought into in convertible foreign exchange, either by the 100% EOU itself or through the third party exporter then such exports amounts to export turnover and are fully eligible for the benefit u/s 10B of the Act. The ass....