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2018 (1) TMI 386 - AT - Income TaxClaim of deduction made u/s 10B - as per AO the approval is granted by the Director, Software Technology Parks of India which is a society formed under the Software Technology Park Scheme, thus the approval for the undertaking is not granted by the Board - Held that:- There is no dispute that the assessee has been duly granted approval by STPI. We find that the said approval of the STPI was ratified by the Board vide letter dated 13.08.2007 and the same is exhibited at pages 18 to 20 of the Paper Book. Identical issue was considered by the Hon’ble jurisdictional High Court of Gujarat in the case of PCIT vs. ECI Technologies Pvt. Ltd. [2015 (5) TMI 230 - GUJARAT HIGH COURT] wherein held it is found that at the relevant time the Development Commissioner granted the approval of 100% EOU in favour of the assessee-Company, which came to be subsequently ratified by the Board of Approval and as observed hereinabove as such the ratification shall be from the date on which the Development Commissioner granted the approval, both the learned CIT(A) as well as the learned Tribunal have rightly held that the assessee was entitled to deduction under Section10B of the Act as claimed - Decided in favour of assessee.
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