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

ITA 94/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2430 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2016
• Appeal Filed By: Assessee
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 03-01-2013
• Court: TRIBUNAL
• Section: 10AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & RAMLAL NEGI (JM) I.T.A. NO. 94 /MUM/20 13 (ASSESSMENT YEAR 20 09 - 10 ) M/S. TRAN S TEC OVERSEAS PVT. LTD. 13, PURAB APARTMENT RIDGE ROAD, WALKESHWAR MUMBAI - 400 006. VS. ITO WD 2(2)(4) AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) PAN NO . AACCP2309N ASSESSEE BY NONE DEPARTMENT BY S HRI NITIN WAGHMODE DATE OF HEARING 17.10 . 201 6 DATE OF PRONOUNCEMENT 17 . 10 . 201 6 O R D E R PER B.R. BASK ARAN (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 OCCA SION 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 HA VE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. WE NOTICED THAT THE TAX AUTHORITIES HAVE RESTRICT ED 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 DEDUC TION U/S. 10AA OF THE ACT , SINCE THE SAME CANNOT BE CONSIDERED AS E X PORT TURNOVER. BEFORE US NO MATERIAL WAS FILED BY M/S. TRANSTEC OVERSEAS PVT. LTD. 2 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 LE ARNED CIT(A). 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 17 . 10 .2016 SD/ - SD/ - (RAMLAL NEGI ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 17 / 10 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. R EGISTRAR) PS ITAT, MUMBAI