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2022 (7) TMI 1003 - AT - Income TaxDeduction u/s 10B - assessee has not furnished any evidence like date of purchase of plant and machinery, place of instalment date and bank account - AO took his view that assessee-firm failed to establish that assessee set-up new plant and machinery for producing article for claiming deduction under section 10B in the initial year and also made certain other observation, which leads him to disallow the benefits under section 10B - HELD THAT:- The Act does not specify that business has to be approved by Competent Authority of SEZ after 01.04.2004 for claiming such deduction. CIT(A) held that such fact is irrelevant and that the assessee commenced its business on 01.01.2009 and accordingly claim of deduction under section 10B in assessment year 2010-11 which was allowed in assessment order under section 143(3). CIT(A) further noted that the second reason for assessing officer was about the splitting of re-construction existing business. The Ld. CIT(A) after summarizing of objection of AO and the reply of assessee held that the AO has not doubted the purchased of plant and machinery in the earlier assessment order, otherwise the issue was to be examine in the scrutiny assessment for assessment year 2010-11. AO has not been able to point out any specific defect in the record in fulfilling the condition. The Ld. CIT(A) also noted that once the claim is similar deduction is allowed in the scrutiny assessment, in an initial year, the similar cannot be disallowed without withdrawing or disturbing the similar claim or relief in the earlier year as has been held in the case of Saurashtra Cement And Chemicals Industries Ltd. (1979 (2) TMI 21 - GUJARAT HIGH COURT] held that assessee is eligible for deduction under section 10B. We find that during the hearing of the present appeal, no contrary facts or law is brought to our notice to take other view. The ld CIT(A) allowed relief to the assessee by following the binding decision of Jurisdictional High Court in Saurashtra Cement And Chemicals Industries Ltd. (supra). Therefore, we do not find any reason to interfere with the order passed by Ld. CIT(A), which we affirm. The ground of appeal raised by the Revenue is dismissed.
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