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TMI Blog2019 (2) TMI 370X X X X Extracts X X X X X X X X Extracts X X X X ..... vices and incurred cost under various heads. Both the lower authorities, in our opinion, have missed out this vital factual aspect and examined the assessee’s claim by treating these services as warehousing services. Therefore, after due consideration of facts and circumstances, the bench formed an opinion that, keeping all issues open, the matter was to be restored back to the file of AO to re-appreciate the factual matrix and re-adjudicate the issues after ascertaining the true nature of services being rendered by the assessee. - I.T.A. No.7435/Mum/2014 - - - Dated:- 5-2-2019 - Shri Mahavir Singh, JM And Shri Manoj Kumar Aggarwal, AM For the Assessee : K. Gopal and Ms.Neha- Ld. ARs For the Revenue : Rajore Satish Chandra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Consequential relief on account of Interest charged u/s 234B and 234C be granted. As evident, the assessee is aggrieved by denial of deduction u/s10AA of the Income Tax Act, 1961. The assessment for impugned AY was framed by Ld. Income Tax Officer-13(1)(4), Mumbai [AO] in scrutiny assessment u/s 143(3) of the Income Tax Act, 1961 on 26/03/2013 wherein the income of the assessee was assessed at ₹ 120.07 Lacs as against Nil return filed by the assessee on 29/07/2010.During impugned AY, the assessee being resident firm was stated to be engaged in providing warehousing repair / maintenance services . The aforesaid deduction of ₹ 120.07 Lacs u/s 10AA has been denied since the activities being carried out by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further held that the definition of export as provided in Section 2(m) of SEZ Act could not override the definition as provided in explanation to Section 10AA(9). Accordingly, the stand of Ld. AO got confirmed, against which the assessee is in further appeal before us. 4. The Ld. Authorized Representative for Assessee [AR], Shri K.Gopal, submitted that the activity of warehousing was specifically included as one of the eligible service under Rule 76 of SEZ Rules, 2006. It has further been contended that the expression exports as defined in SEZ Act shall have overriding effect in terms of Section 27 51 of SEZ Act. Our attention has been drawn to the fact the SEZ is not considered to be part of India under SEZ Act an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during impugned AY has been placed on record, upon perusal of which, it appears that the nature of services being rendered by the assessee were not warehousing services simpliciter rather the assessee was providing comprehensive services in the nature of repair/maintenance services and incurred cost under various heads. Both the lower authorities, in our opinion, have missed out this vital factual aspect and examined the assessee s claim by treating these services as warehousing services. Therefore, after due consideration of facts and circumstances, the bench formed an opinion that, keeping all issues open, the matter was to be restored back to the file of Ld. AO to re-appreciate the factual matrix and re-adjudicate the issues after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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