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In the factual background, the Tribunal has accepted that the new unit was a separate identity for its income to qualify for exemption under s. 10AA for it was not formed and created by ‘splitting up’ or ‘reconstructing’ the existing business. The new unit was also not formed by transferring any machinery or plant previously used. Fresh investment was made in the new unit. The Revenue earning and profits generated were clearly attributable to the new unit.

Shanti Prime Publication Pvt. Ltd.

Section 10AA of the Income Tax Act, 1961 — Exemption — Assessee was entitled to Exemption under section 10AA for the A.Y. 2013-14 under consideration as Tribunal having referred to the facts in the form of data and figures to hold that the new unit in the SEZ was a new unit and not set up by splitting up or reconstruction of existing business. further, assessee had claimed and was allowed deduction under section 10AA in the AY 2011-12 and 2012-13 — Principal Commissioner of income tax vs. Macquarie Global Services P. Ltd. [2019] 311 CTR (Delhi) 929

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