Exemption u/s 10AA available on goods re-exported by approved SEZ unit

Rialto Exim Vs ITO (ITAT Mumbai)

ITAT Mumbai held that exemption u/s 10AA of the Income Tax Act available in case imported goods are re-exported by a unit duly approved by development commissioner of concerned SEZ.

Facts-

The assessee is a partnership firm and filed its return of income on 13.10.2010 declaring total income at Rs. Nil by claiming deduction under section 10AA of the Income Tax Act, 1961 amounting to Rs. 13,13,66,314/-. Assessee’s case was selected for scrutiny under section 143(2) of the Act.

During the assessment proceeding, a show-cause was issued in respect of rejection of claim of deduction under section 10AA of the Act. The total turnover for the year under consideration has been shown at Rs. 239, 83, 80,927/- and Net Profit (NP) at Rs. 13, 13, 66,314/- (GP @ 5.47%). The entire NP claimed to be exempted under section 10AA of the Act.

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