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2013 (5) TMI 524 - AT - Income TaxRe opening of assessments - proceedings initiated after the expiry of four years from the end of the assessment year - disallowance of deduction u/s 80IB - CIT(A) quashed reopening - Held that:- Deduction u/s 80IB was allowed to the assessee in assessment made u/s 143(3) on 21.03.2006 after scrutiny of the claim of the assessee. The reopening thereafter was made on the very same set of facts. Therefore the decision of the Khaitan B. Mehta vs ACIT (2012 (10) TMI 742 - Gujarat High Court) wherein held that reassessment after four years to disallow deduction on the ground that interest was not paid for earning dividend but for acquiring controlling interest in company cannot be said that there was failure on the part of the assessee to disclose material facts. In favour of assessee. Deduction u/s 10A - CIT(A) allowed the claim - Held that:- As from the assessment orders that deduction u/s 10A has been allowed to the assessee by the AO in the A.Yr. 2004-05 and 2006-07 in an assessment made u/s 143(3), DR could not point out whether the department has taken any remedial measures for allowing deduction u/s 10A to the assessee in these years. In the above facts and circumstances of the case order of the CIT(A) is supported by the order of the Tribunal in the case of ITO vs Ektara Exports Pvt. Ltd. (2005 (7) TMI 607 - ITAT KOLKATA) and that the AO himself has allowed deduction u/s 10A to the assessee in therefore find no infirmity to interfere with the order of the CIT(A) which is confirmed and the ground of appeal is dismissed. In favour of assessee.
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