TMI Blog2018 (4) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, the benefit claimed by the assessee under Section 10B should be allowed. See CIT-A vs. M/S. GE THERMOMETRICS INDIA (P) LIMITED [2015 (1) TMI 10 - KARNATAKA HIGH COURT] - Decided in favour of assessee. - I.T.A. No. 387/201 - - - Dated:- 22-3-2018 - MR. B.S. PATIL AND MR. S. SUNIL DUTT YADAV JJ. Appellants (By Sri K.V. Aravind, Adv.) Respondent (By Sri S. Sharath, Adv. For S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view of omission of sub-section 9 of Section 10B of the Act with effect from 01.04.2004, it had to be construed that the said section never existed in the statute book, and therefore, benefit claimed by the assessee under Section 10B should be allowed. 4. During the course of arguments, learned counsel for both parties bring to our notice the judgment of this Court rendered in I.T.A.NO.87 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment of the Supreme Court in the case of KOLHAPUR CANESUGAR WORKS LTD., vs. UNION OF INDIA AIR 2000 SC 811 as under: Admittedly, in the instant case, there is no saving clause or provision introduced by way of an amendment while omitting sub-section (9) of Section 10B. Therefore, once the aforesaid section is omitted from the statute book, the result is it had never been passed and b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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