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TMI Blog2016 (11) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... ir ports/sea ports in India and also has bonded warehouses in different cities in India wherever its duty free shops. The purchases made by the assessee are by way of high seas purchases wherein the goods are sold by Flamingo to the assessee, while the cargo is on the high seas. These are done through high seas sales contract. The necessary documents were duly examined by the learned Commissioner of Income-tax (Appeals) and this factual matrix is not controverted by the Revenue. Original bill of lading, bill of entry were also examined. The purchases were made on the high seas and not in India. There is not a single instance where the local purchases were made within India.The totality of facts/provisions of SEZ Act and SEZ Rules provides t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty free import and export of goods, mainly sold at duty free shops in India and abroad, mainly in cigarettes and foreign made liquor and claimed deduction amounting to ₹ 48,78,973 under section 10AA of the Act. During scrutiny proceedings the learned Assessing Officer asked the assessee to furnish necessary details which were filed by the assessee. The assessee vide letter dated October 13, 2012 and March 9, 2013 made submissions claiming that the assessee is a trading concern and engaged in trading service of import and export of FMFL and cigarettes from the SEZ and therefore eligible for deduction under section 10AA. The assessee placed reliance on section 51(1) of the SEZ Act read with rule 76 of SEZ Rules, 2006, wherein the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo concerns import the item from abroad and Flamingo got the licence to operate duty free shops at various air ports/sea ports in India and also has bonded warehouses in different cities in India wherever its duty free shops. The purchases made by the assessee are by way of high seas purchases wherein the goods are sold by Flamingo to the assessee, while the cargo is on the high seas. These are done through high seas sales contract. The necessary documents were duly examined by the learned Commissioner of Income-tax (Appeals) and this factual matrix is not controverted by the Revenue. Original bill of lading, bill of entry were also examined. The purchases were made on the high seas and not in India. There is not a single instance where the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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