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2018 (10) TMI 1099 - ITAT AHMEDABADDisallowance of exemption u/s. 10B - specified conditions were not fulfilled - approval of STPI units of the assessee was not ratified by the Board of approvals as mandated u/s 10B - CIT(A) reversed the order of AO by observing that the approval from STPI is sufficient enough to meet the requirements as specified u/s 10B - Held that:- We note that in the case of Cat Lab Pvt. Ltd.[2014 (2) TMI 1247 - ITAT PUNE] in the identical facts and circumstance held that there is no need to take separate approval from the BOA for claiming the deduction u/s 10B of the Act. CIT(A) in the own case of the assessee for the Asst. Year 2009-10 allowed the exemption u/s 10B of the Act after due verification. Against the order of ld CIT(A) for Asst. Year 2009-10, the Revenue has not preferred any appeal which implies that the order of the ld CIT(A) has reached to its finality. Learned DR has also not disputed the fact that the appeal was not preferred by the Revenue against the order of CIT(A) for the A.Y. 2009-10 on the issue of exemption u/s 10B of the Act. In such circumstances we are of the view that no appeal can be filed by the revenue, once, the order of ld. CIT(A) in any of the year has reached to its finality. See UNION OF INDIA AND OTHERS VERSUS KAUMUDINI NARAYAN DALAL AND ANOTHER [2000 (12) TMI 101 - SUPREME COURT] - decided against revenue.
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