TMI Blog2011 (8) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... n done with the permission of the Government of India. In view of shifting, there is only one undertaking, whose identity, integrity and continuity is maintained. The assessee is not claiming any benefit under Section 10(B) in respect of any unit at Gujarat. The only benefit claimed is in respect of the unit at Bangalore as there is no unit at Gujarat and the only unit is at Bangalore, the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 1989 and its unit was located in the State of Gujarat. During the year 1992-93, the assessee shifted its unit from State of Gujarat to the present location at Bangalore and claimed deduction under Section 10(B) of the I.T. Act. However, the Assessing Officer proceeded to hold that this would amount to reconstruction of business. The Officer further held that the business is already in existenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant has filed this appeal. 4. By the order dated 16.7.2007 the appeal was admitted to consider the following question of law: "Whether the Appellate Tribunal is right in holding that reconstruction of business of the assessee from Gujarat to Bangalore having been allowed by the Deptt. of Telecommunications, Govt. of India the assessee would be entitled to claim exemption under Section 10B of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tity, integrity and continuity is maintained. The assessee is not claiming any benefit under Section 10(B) in respect of any unit at Gujarat. The only benefit claimed is in respect of the unit at Bangalore as there is no unit at Gujarat and the only unit is at Bangalore, the assessee is entitled to the benefit under Section 10(B) of the I.T. Act. That is what precisely the Tribunal has held. The f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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