Allowing the appeal of the assessee the Tribunal held that ,in first year of operation assessee had claimed deduction u/s 10AA which was duly supported by audit report in Form 56F and such claim had been allowed by AO in scrutiny proceedings after completing assessment u/s 143(3), in subsequent assessment year also, similar claim for deduction u/s 10AA had been allowed by AO in order passed u/s 143(3) Tribunal held that conditions laid down in section 10AA (4) had to be seen on date of formation, whether undertaking had violated any conditions prescribed therein or not.  Once claim of deduction u/s 10AA had been accepted in first year of operations and also in second year, then in third year same could not be withdrawn by examining factors which were required to be seen in first year of claim. AO could not deny claim of deduction u/s 10AA with assessee. Assessee continued to make addition to fixed assets in SEZ unit independently and there was no iota of any material to show that additions to fixed assets had been by way of transfer from EOU units.  Followed. CIT v. Western Outdoor Interactive Pvt. Ltd. (2012) 349 ITR 309 (Bom(HC)