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2018 (7) TMI 1899 - HC - Income TaxDisallowance of exemption u/s. 10B - assessee has not submitted the approval letter for its 100% Export Oriented Undertaking from the “Board” appointed in this behalf by the Central Government in exercise of powers conferred by Section 14 of the Industries (Development and Regulations) Act, 1951 and the Rules made under that Act - HELD THAT:- CIT(A) allowed the said claim on the ground that in fact, the export oriented undergoing certificate was given by the appropriate authority which was on record. The same has been confirmed by the learned ITAT by impugned order by relying upon decision of Division Bench of this Court in the case of PCIT Tax-3, Ahmedabad Vs. Zealous Web Technologies (2016 (4) TMI 255 - GUJARAT HIGH COURT), by which it is specifically observed and held that once the assessee is having the certificate issued by the competent authority, in that case, non-production of the approval letter by the Board cannot be a ground to deny the benefit under Section 10B of the Act. Applying the said decision to the facts of the case on hand, it cannot be said that the learned Tribunal has committed any error. On the contrary, the question is squarely covered against the Revenue.
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