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TMI Blog2018 (7) TMI 1915X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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. - ITA No. 2075 & 2076/Ahd/2017 - - - Dated:- 9-7-2018 - Pramod Kumar, AM and Ms. Madhumita Roy, JM For the Appellant : Tushar Hemani For the Respondent : Saurabh Singh ORDER Per Pramod Kumar, AM: 1. By way of these appeals, the assessee-appellant has challenged correctness of the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al is now covered, in favour of the assessee, by a co-ordinate bench s decision in assessee s own case in ITA No.2735/Ahd/2015 for the assessment year 2008-09, wherein the Tribunal vide its decision dated 18.12.2017, inter alia, observed as follows :- 10. We have given a thoughtful consideration to the orders of the authorities below. 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. We also find that the CBDT has come out with the following circular:- CLARIFIFATION REGARDING DEDUCTION UNDER SECTION 10B [Instruction No.02/2009, Dated 9-3-2009, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 100 per cent. export oriented unit. It is an admitted position that there was already a permission/approval granted by the Development Commissioner declaring/approving the assessee as 100 per cent. export oriented unit. However, on considering the word, approved by the Board of Approval as mentioned in section 10B of the Act and at the relevant time there was no ratification of the decision of the Development Commissioner by the Board of Approval, the Assessing Officer denied the deduction under section 10B of the Act. However, is required to be noted and it is not in dispute that, vide Circular/instruction of the Central Board of Direct Taxes dated March 9, 2009, it was clarified that the approval granted by the Development Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication shall be from the date on which the Development Commissioner granted the approval, both the learned Commissioner of Income-tax (Appeals) as well as the learned Tribunal have rightly held that the assessee was entitled to deduction under action 10B of the Act as claimed. We confirm the view taken by both the authorities below holding that the assessee was entitled to 100 per cent. EOU as claimed. No substantial question of law arises in the present tax appeal. Hence, the present tax appeal deserves to be dismissed and is accordingly dismissed. 12. Respectfully following the findings of the Hon'ble jurisdictional High Court of Gujarat (supra), we set aside the findings of the CIT(A) and direct the Assessing Officer to allow th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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