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2019 (8) TMI 161 - HC - Income TaxDisallowance of deduction u/s 10B - AO alleged that assessee had not fulfilled the conditions as specified in Section 10B(ii) and (iii) - AO has not disputed the EOU status of the unit of M/s. KMMI Exports and there eligibility for deduction u/s 10B, now issue relates that after the merger of the firm M/s. KMMI Exports with the assessee firm, whether the assessee firm is entitled for deduction u/s 10B or not - HELD THAT:- The coordinate Bench of this court in assessee own case [2018 (12) TMI 640 - KARNATAKA HIGH COURT] has held that the limitations specified in sub-sections 9 and 9A of Section 10B of the Act do not exist from 1.4.2004 and therefore, the conclusion of the AO that deduction u/s 10B cannot be granted on the merger of firms is not correct. In the light of the above finding in respect of the very same assessee by co-ordinate bench, we are of the considered view that present appeal is to be necessarily dismissed by answering the substantial question of law against the revenue and in favour of the assessee
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