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2017 (3) TMI 684 - AT - Income TaxClaim of deduction u/s 10A - Held that:- We observe that during the course of assessment proceedings ld. Assessing Officer denied exemption u/s 10A of the Act by following his predecessor’s order in previous Asst. Year 2004- 05 and ignoring the fact that in assessee’s own case the Co-ordinate Bench has confirmed the ld. Commissioner of Income Tax(A)’s order allowing assessee’s claim of deduction u/s 10B of the Act for Asst. Year 2003-04 to 2007-08. We further observe that ld. Departmental Representative could not controvert the fact that the issue raised in these appeals ia squarely covered by the judgment of Hon. Jurisdictional High Court in the case of Saurashtra Cement & Chemicals Indus. Ltd. (1979 (2) TMI 21 - GUJARAT High Court ) relied on by the ld. Commissioner of Income Tax(A) wherein held once the deduction has been allowed in the first year of operation it cannot be denied in the subsequent year. - Decided in favour of assessee
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