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2016 (2) TMI 733 - AT - Income TaxEntitlement to claim u/s 10A - Held that:- The first appellate authority proceeded to consider the allegations of the AO and held that the AO has not specified which of the stipulated and necessary conditions of section 10A of the Act has not been met or complied with by the assessee. Regarding the non-preparation or non-filing of the Sales Tax Form, it was held by the ld. CIT(A) that this was procedural issue between the STPI UNIT and STP office and does not impinge upon the allowance of exemption u/s 10A, in case the conditions thereof are satisfied. We are in agreement with the ld. DR that the ld. CIT(A) has erred in holding that the assessee company has fulfilled all the conditions stipulated in Form No. 10A of the Act and the first appellate authority further erred in not taking into consideration the detailed facts and deficiencies recorded by the AO in the assessment order. Per contra, as we have observed hereinabove, the ld. CIT(A) rightly followed the principal of consistency and properly and correctly following the directions of the Tribunal, the first appellate authority properly considered and adjudicated the issue and after taking into consideration the conditions precedent for grant of exemption u/s 10A of the Act held that the assessee is entitled to exemption u/s10A of the Act. We are unable to see any valid reason to interfere with the impugned order and thus we uphold the conclusion of the first appellate authority. - Decided in favour of assessee
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