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2019 (6) TMI 920 - AT - Income TaxRectification u/s 254 - deduction u/s. 10A - claim of unexpired period of 10 consecutive assessment years as available in the unamended provision - whether the assessee had claimed and obtained exemption in the years earlier to the amendment of section 10A by Finance Act, 2000 with effect from 01.04.2000? - HELD THAT:- The assessee was eligible to the benefit of claim u/s. 10A for the assessment year 2002-2003, even after amendment to section 10A. Further, the ITAT stated that deduction u/s. 10A cannot be granted if it relates to Individual Quick Freezing (IQF), even though it relates to unexpired period of entitlement as per the provisions prior to the amendment. The observation of the Tribunal in its order dated 06.03.2019 is error apparent. It clear that for the unexpired period of entitlement of deduction u/s. 10A the assessee would be entitled to the said claim, even if it relates to IQF, provided the assessee had made claim u/s 10A and the A.O. had granted deduction for the assessment year’s prior to amendment. The above view was also taken by the Hon’ble High Court in assessee’s own case [2018 (8) TMI 985 - KERALA HIGH COURT] . The judgment of the Hon’ble High Court, regarding 10A deduction claim that it is entitled to IQF with regard to processing of prawns undertaken by the assessee for the unexpired period of 10 consecutive years as available in the unamended provision. We direct the AO to compute deduction u/s. 10A in respect of the unexpired period of 10 consecutive assessment years as available in the unamended provision.
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