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2015 (9) TMI 645 - AT - Income TaxEntitlement to claim of deduction u/s.80IB(10) - disallowance of claim - Held that:- The AO has allowed the claim of the assessee for deduction u/s.80-IB(10) of the Act for assessment pertaining to the AY 2006-07, wherein also the AO also allowed the claim of the assessee of deduction u/s.80IB(10) of the Act. Facts are identical and project is also same and the Revenue has not pointed out as to how the claim that was allowed in earlier years and under the same facts and circumstances would be disallowable in the year under consideration. It is settled position of law that every year is an independent year, however, the rule of consistency is to be adopted by the Revenue authority while framing the assessment. In the present case, the Revenue has not brought out any new material on the basis of which a different view has been taken for the year under consideration. The construction of any agreement cannot be different in two different assessment years, therefore the orders of the authorities below rejecting the claim of deduction u/s.80-IB(10) of the Act cannot be confirmed, more particularly in the light of the judgement of the Hon’ble Gujarat High Court rendered in the case of CIT vs. Radhe Developers reported at (2011 (12) TMI 248 - GUJARAT HIGH COURT ) - Decided in favour of assessee.
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