C/Taxap/891/2018 Order v. Zealous Web

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 891 of 2018 ======================================================================= PRINCIPAL COMMISSIONER OF INCOME TAX 4VersusSAMYAK INFOTECH PVT LTD ======================================================================= Appearance:MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ======================================================================= CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE A.Y. KOGJE Date : 23/07/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.Feeling aggrieved and dissatisfied with the impugned order passed by the learned ITAT dated 13.02.2018 passed in IAT No.1432/Ahd/2015 for Assessment Year 2008-09, the Revenue has preferred the present Tax Appeal with the following proposed questions of law:- “Whether the Appellate Tribunal has erred in law and on facts in deleting the disallowance of exemption u/s. 10B of the Act of Rs.52,93,042/-” 2. Heard Mrs.Mauna M.Bhatt, learned Counsel appearing on behalf of the Revenue. 3.At the outset, it is required to be noted that the Assessing Officer denied exemption claimed under Section 10B of the Act made by the assessee company on the ground that the assessee has not submitted the approval letter for its 100% Export Oriented Undertaking from the “Board” appointed in this behalf by the Central Government in exercise of powers conferred by Section 14 of the Industries (Development and Regulations) Act, 1951 and the Rules made under that Act. However, thereafter, the learned CIT (Appeals) allowed the said claim on the ground that in fact, the export oriented undergoing certificate was given by the appropriate authority which was on record. The same has been confirmed by the learned ITAT by impugned order by relying upon decision of Division Bench of this Court in the case of Principal Commissioner of Income Tax-3, Ahmedabad Vs. Zealous Web Technologies, reported in (2016) 68 Taxmann.com 379 (Gujarat), by which it is specifically observed and held that once the assessee is having the certificate issued by the competent authority, in that case, non-production of the approval letter by the Board cannot be a ground to deny the benefit under Section 10B of the Act. Applying the said decision to the facts of the case on hand, it cannot be said that the learned Tribunal has committed any error. On the contrary, the question is squarely covered against the Revenue. No substantial question of law arises. The present appeal deserves to be dismissed. It is accordingly dismissed. (M.R. SHAH, J) (A.Y. KOGJE, J)