which is subsequently approved as a 100 per cent export- oriented undertaking (EOU) by the competent authority, would be eligible for deduction under Section ... being not out of India but only to another 100 per cent EOU:
Reference in this context was made to paras
The Dcit(Osd)Range-1,, Ahmedabad vs Dishman Pharmaceuticals & Chemicals ... on 23 May, 2018
unit, negating its apportionment between the DTA unit and the tax-
free EOU unit, without appreciating that the assessee has not been able to establish ... they had no
direct or indirect nexus with functioning of the EOU unit.
On the facts and in the circumstances of the case
extensively
dealt with the issue and held that 100 per cent EOU under STP scheme cannot be equated
with 100 per cent EOU approved ... assessee further submitted that being a 100% EOU it has to file quarterly
and annual reports of sales details with STPI in Software Export Declaration
functions of its entire organization comprising DTA unit and tax-free
EOU unit and hence depreciation on all the assets used for office
work ... processing
machines had to be apportioned between the DTA unit and the EOU
unit, as was done by the Assessing Officer.
6. On the facts
directing the Id. AO to allocate more administrative expenditure
towards 100% EOU unit. The appellant has allocated all the
expenditure on scientific and rational basis ... export profit of 100% EOU unit while calculating
deduction u/s 10B of the Act.
4. The Id. CIT(A) has erred
The Dy. Commissioner Of Income Tax, ... vs M/S. Dishman Pharmaceuticals & ... on 31 December
India Pvt. Ltd. vs. ITO
(ii) In respect of its EOU status as per computation of deduction u/s. 10B and return filed ... assessee. it revealed that claimed undertaking was granted 100% EOU status by the Development
Commissioner, KASEZ on 17.02.2000 under Exim Policy 1997-2002 by conversion
facts are that the assessee-firm is a
100% Export Oriented Unit (EOU) and engaged in carrying on business
of manufacturing and selling of printed ... business income derived from the 100%
EOU, the assessee has also simultaneously claimed exemption u/s.10B of
the Act on following other items
deleting the inclusion of transfer value of
goods transferred from one EOU to another in total turnover to
quantify the deduction.
3. The relevant facts ... worth Rs.5,56,53,920/- from 'Fluorescent
undertaking' and EOU unit to another EOU unit namely 'Fuel marker
undertaking
