On appeal by revenue dismissing the appeal the Court held that the provisions as they stood in the assessment year 2000-2001 permitted export-oriented undertakings to claim exemption provided 75 per cent. of the total sales comprised exports. The Tribunal had found that 75 per cent. of the assessee’s total sales by the eligible units comprised exports and based on that had confirmed the order of the Commissioner (Appeals) allowing the assessee’s claim for exemption in respect of its units under section 10A or 10B.Order of Tribunal affirmed. (AY.2000-01)
CIT v. Moser Baer India Ltd (2009) 177 Taxman 42 /(2025) 479 ITR 446 (Delhi)(HC) Editorial : CIT v. Moser Baer India Ltd (2025) 479 ITR 449/177 taxmann.com 281 (SC), disposed of the appeal, leaving the question of law open.
S. 10A : Free trade zone-Export-Hundred per cent. export oriented unit-Transfer of stocks from assessee’s eligible unit to foreign unit-Finding by Tribunal that transferred stock sold by foreign unit and which constituted more than 75 per cent. of total sales-Entitled to exemption-Order of Tribunal affirmed. [S.10B, 260A]
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