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2011 (8) TMI 613

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.... Patridge for the Respondent. JUDGMENT N. Kumar, J. - This is a Revenue's appeal challenging the order passed by the Appellate Tribunal holding that the assessee is eligible for exemption under Section 10(B) of the Income-tax Act and accordingly upholding the order passed by the Appellate Commissioner, by setting aside the order of the Assessing Authority, which had denied the said exemption....

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....pellate Commissioner was of the view that as the unit at Gujarat had been relocated at Bangalore by obtaining permission of the Department of Electronics, Government of India, therefore, by a considered order, he proceeded to hold that exemption under Section 10(B) of the Act has to be allowed to the assessee and accordingly, he set aside the order dated 08.03.2002 passed by the Assessing Officer.....

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....s on the premise that the circular issued by the Department is not attracted, the present appeal was filed. The material on record discloses that initially the unit was established at Gujarat. The assessee was entitled to be benefit under Section 10(B) for a period of 10 years. However, within two years from setting up the unit at Gujarat, it was shifted to the present location at Bangalore. The s....