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Issues involved: Assessment of taxable income u/s 10B for the assessment year 2007-08.
Summary: The appeal by the Revenue was against the order of the ld. CIT(A)-XII, Chennai, dated 19.03.2010, regarding the assessment year 2007-08. The assessee, a partnership firm, had claimed a deduction of &8377; 11,27,57,353/- u/s 10B of the Income-tax Act, 1961, which was initially accepted u/s 143(1) but later denied by the Assessing Officer during assessment u/s 143(3). The Assessing Officer contended that the firm was not engaged in manufacturing activity and had been formed by splitting an existing business, leading to a tax demand on export profits. The ld. CIT(A) ruled in favor of the appellant based on precedents and upheld the deduction u/s 10B for the assessment year 2007-08. The main issues raised by the appellant were similar to those addressed in previous assessment years where a favorable view was taken. The appellant argued that the firm's constitution was not a result of splitting or reconstitution that would disqualify it from the benefits of Sec. 10B. The ld. CIT(A) found that the appellant firm was entitled to the deduction u/s 10B for the assessment year 2007-08 based on consistent views taken in previous years and decisions of the Hon'ble ITAT, Chennai. The Revenue appealed the decision, citing various grounds including the relevance of a decision by the Amritsar Bench in a different case. However, the Tribunal noted that the issue was already settled in the appellant's own case for previous assessment years, and as such, the decision of the Co-ordinate Bench was followed. The appeal of the Revenue was dismissed, upholding the deduction u/s 10B for the assessment year 2007-08. In conclusion, the Tribunal upheld the decision of the ld. CIT(A) and dismissed the appeal of the Revenue, confirming the appellant firm's entitlement to the deduction u/s 10B for the assessment year 2007-08.
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