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2018 (3) TMI 1843 - HC - Income TaxDeduction u/s 10B - HELD THAT:- Substantial question of law raised with regard to the correctness of the view taken by the Tribunal to the effect that in view of the omission of sub-Section (9) in Section 10B with effect from 01.04.2004 should it be understood that the said section never existed in the statute book and therefore, the benefit claimed by the assessee under Section 10B should be allowed, has held in paragraph 8 after referring to the judgment of the Supreme Court in the case of KOLHAPUR CANESUGAR WORKS LTD., vs. UNION OF INDIA [2000 (2) TMI 823 - SUPREME COURT] held that whole object of such omission is to extend the benefit under Section 10B of the Act irrespective of the fact whether during the period to which they are entitled to the benefit, the ownership continues with the original assessee or it is transferred to another person. Benefit is to the undertaking and not to the person who is running the business - Decided in favour of the assessee
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