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2015 (10) TMI 1471 - AT - Income TaxDisallowance under section 80IB - Held that:- Since the same issue has been decided in favour of the assessee by the Tribunal in assessee’s own case wherein held that the A.O. concluded that the deduction under section 80IB was not allowable for assessment year 2005–06 onwards, whereas the deduction under section 80IB in respect to Unit–V has already been granted while passing the assessment order under section 143(3). Therefore, if the order of the A.O. for assessment year 2003–04 or 2004–05 was wrong, then those orders were to be rectified first, and hereafter the deduction under section 80IB could have been withheld for assessment year 2005–06 onwards. Accordingly, we held that the disallowance of deduction under section 80IB for assessment year 2005–06 to 2007–08 were not correct. Accordingly, we direct the A.O. to allow the deduction under section 80IB for these three years, we do not find any reason to deviate from the same. - Decided in favour of assessee.
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