Assessing Officer  denied benefit of exemption under section 10B on ground that assessee was not approved by concerned statutory Board as a hundred per cent export oriented undertaking as required under Explanation to section 10B of the Act. Commissioner (Appeals) allowed appeal.  On revenue’s appeal, Tribunal referred  that an agreement was entered into between assessee and Central Government wherein there was a reference to a resolution passed by Ministry of Commerce granting status of hundred per cent export oriented unit to assessee. Further CBDT had issued a clarification dated 9-3-2009 to effect that power to grant approval under section 14 of Industrial (Development & Regulation) Act, 1951 had been delegated to Development Commissioner and approval granted by Development Commissioner shall be considered valid for purpose of exemption under section 10B. Affirmed the order of CIT(A). On appeal High Court affirmed the order of Tribunal.   The  assessee had not claimed exemption under section 10A in its return of income, however, Tribunal  after  examining the  factual matrix and pointed out similarities between section 10A and section 10B and after taking note of legal position came to conclusion that assessee was entitled to relief under section 10B and was also entitled for benefit of exemption under section 10A of the Act. Tribunal also held.     revenue cannot take advantage of assessee’s mistake in not claiming exemption in return of income, thereby denying exemption. On appeal High Court affirmed the order of Tribunal. (AY. 2007-08, 2008-09)