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2016 (9) TMI 1451 - HC - Income TaxDeduction u/s 80IA - income generated from the Electric Plant - Held that:- The impugned order of the Tribunal extended the benefit of deduction under Section 80IA of the Act in respect of its Wind Mill Power project to the extent of ₹ 30.83 lakhs. The impugned order of the Tribunal placed reliance upon its order in respect of the same respondent assessee for the A.Y. 1997-98 reported as M. Pallonji & Co. (P) Ltd. Vs. Commissioner of Income Tax [2005 (9) TMI 238 - ITAT BOMBAY-J] and also on its order passed for A.Y. 1996-97. The Revenue does not dispute that the fact situation in the two earlier Assessment Years relied upon is identical to the facts in the subject Assessment Year. Disallowance made under Section 14A - Held that:- Revenue very fairly states that the same stand concluded against the Revenue and in favour of the respondent assessee by the decision of this Court in Godrej and Boyce Manufacturing Co. Ltd. vs. Dy. Commissioner of Income Tax [2010 (8) TMI 77 - BOMBAY HIGH COURT].
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