2018 (12) TMI 1389

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....RABLE MR.JUSTICE M.R. SHAH) 1.0. Feeling aggrieved and dissatisfied with the impugned order dated 07.07.2017 passed by the ITAT in ITA No.2574/AHD/2014 for AY 201112, by which, the learned Tribunal has dismissed the said appeal preferred by the Revenue and has confirmed the order passed by the learned CIT(A) holding that the assessee shall be entitled to exemption under Section 10AA of the Incom....

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....stances of the case and in law, Hon'ble ITAT has erred in upholding the order of the ld.CIT (A) allowing deduction of Rs. 1,43,47,453/ignoring that the assessee failed to fulfill the prescribed conditions provided under Section 10AA of the I.T. Act, 1961? 2.0. Heard. Ms. Raval, learned advocate for the Revenue at length. At the outset, it is required to be noted that in the present case the ....

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....r Section 10AA and same is answered in favour of assessee and against the Revenue. We have gone through and considered the decision of the Jaipur Bench as well Mumbai Bench of the ITAT which are directly on the point. It is not in dispute that the said decisions are not carried further by the Revenue and nothing is reported that any appeal is preferred against the aforesaid decisions. Considering ....