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2014 (1) TMI 1846 - AT - Income TaxClaim of deduction u/s 80IA/80IB - Held that:- The issue before us stands decided in the case of the assessee for preceding Assessment Year 2005-06 [2012 (5) TMI 793 - ITAT NEW DELHI] wherein it was held that issue raised by the revenue has been repeatedly and consistently held in favour of the assessee from Assessment Years 1998-99 to 2004-05. Addition of excise duty on exports made during the year - Held that:- As decided in assessee's own case the drawback does not immediately accrue on export. Drawback is payable post actual export. It requires submission of an application, completion and compliance with formalities and acceptance. After exports are affected, for claiming drawback the assessee has to file application within the prescribed time before the authorities in terms of various rules and regulations. The said Rules/regulations stipulate conditions when drawback is payable or not payable. Application claiming drawback is merely a claim. The amount claimed has to be verified, quantified and determined by the authorities who are empowered under the statutory provisions - decided against assessee Disallowance of depreciation on computer accessories and UPS - Held that:- Claim allowed as relying on COMMISSIONER OF INCOME TAX VERSUS ORIENT CERAMICS & INDS. LTD [2011 (1) TMI 26 - DELHI HIGH COURT] and COMMISSIONER OF INCOME TAX VERSUS BSES YAMUNA POWERS LLD. / BSES RAJDHANI POWERS LTD. [2010 (8) TMI 58 - DELHI HIGH COURT]
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