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2022 (11) TMI 226 - ITAT PANAJIDeduction u/s. 80IA - AO referred to the provisions of Explanation to section 80IA(13) of the Act with retrospective effect from 01.04.2000 and held that the assets developed/created are not pertaining to the assessee and the assessee is entitled only to a fixed remuneration for its professional services and, therefore, disentitling it from deduction u/s. 80IA - According to the assessee, it has been set up by the Government of Goa as a SPV to develop infrastructure facilities which are developed by the assessee by appointing various contractors - CIT-A confirmed part addition - HELD THAT:- From the perusal of meritorious and factual findings given by the Ld. CIT(A) for granting relief to the assessee by allowing the deduction u/s. 80IA(4) of the Act for an amount partly since no contrary material, both on fact or law has been brought on record, we find no reason to interfere with the said findings given by the CIT(A) as discussed and reproduced above. We also note the fact that the claim of deduction u/s. 80IA(4) of the Act by the assessee is for the eighth consecutive year and for the past seven preceding years, the claim of the assessee has been consistently allowed. From the tabulation given, we note that in the present case, deduction has been allowed for all the earlier assessment years and the Ld. AO has now sought to disallow the deduction for the eighth year which otherwise is allowable for consecutive period of ten assessment years. In the instant case before us, as there is no change in the facts and the applicable law, if the deduction has been allowed in the initial assessment years, the same cannot be withdrawn in the subsequent years without making disallowance in the initial assessment years. While confirming the allowance of deduction granted by the Ld. CIT(A), we also place reliance on the decision of the Hon’ble jurisdictional High Court of Bombay in the case of ABG Heavy Industries Ltd.[2010 (2) TMI 108 - BOMBAY HIGH COURT] In respect of the addition confirmed by the Ld. CIT(A) and agitated by the assessee before us, we do not find any merit in the claim made by the assessee for allowing these items of other income in eligible for deduction u/s. 80IA of the Act. We do find no reason to interfere with the fact based findings given by the Ld. CIT(A) on this issue as discussed and reproduced above. Both the appeal of assessee and the revenue are dismissed.
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