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2011 (8) TMI 1128 - HC - Income TaxDenial of deduction u/s 80-IA(4) - income derived by the assessee from development of eligible infrastructural facilities - Held that:- Order of the Income Tax Appellate Tribunal shows that the Income Tax Appellate Tribunal passed the order in favour of the Revenue by relying upon its decision in the case of B.T. Patil and Sons Belgaum Const. (P) Limited V/s. ACIT [2009 (10) TMI 521 - ITAT MUMBAI] It is not in dispute that the said decision of the Income Tax Appellate Tribunal in the case of B.T. Patil & Sons (Supra) has been recalled by the Tribunal by order in BT. PATIL & SONS BELGAUM CONSTRUCTION (P.) LTD. VERSUS ACIT [2012 (6) TMI 316 - ITAT, PUNE] The impugned order of the Tribunal relating to AY 2003-04 is quashed and set aside and the matter is restored to the file of the Income Tax Appellate Tribunal for fresh decision in accordance with law.
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