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2015 (3) TMI 220 - AT - Income TaxDeduction u/s 10B - Held that:- As for the disallowance of the assessee's claim for deduction under S.10B of the Act, the Assessing Officer disallowed the same, for want of approval of the Board/Ratification by Inter-Ministerial Standing Committee appointed by the Ministry of Industry, Department of Industrial Development as envisaged in clause (iv) to Explanation 2 to S.10B of the Act. It was the contention of the assessee that corresponding claim having been accepted in the preceding years, there is no justification for the disallowance in the year under appeal. Observing that principle of res judicata does not apply to the proceedings under Income-tax Act, in which each year is an independent unit of assessment, the CIT(A) sustained the disallowance made by the Assessing Officer. In the absence of anything to the contrary brought on record by the assessee, we do not find any justification to interfere with the orders of the Revenue authorities on this aspect. Claim u/s 10A - Held that:- It has been averred that the CIT(A) in the course of appellate proceedings, enquired with the officials of the assessee company, whether they could furnish the report in Form 56F if the matter was remanded to the file of the Assessing Officer for examination of alternative claim of the assessee under S.10A of the Act, and the said enquiry by the CIT(A) was responded by the officials in affirmative. Considering totality of facts and circumstances of the present case, and following the consistent view taken by the coordinate benches of the Tribunal, we find that the CIT(A) was not justified in declining to admit the additional grounds raised by the assessee with regard to alternative relief under S.10A of the Act. We accordingly set aside the impugned order of the CIT(A), and restore the matter to the file of the Assessing Officer with a direction to examine afresh the alternative claim of the assessee under S.10A of the Act - Decided in favour of assesse.
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