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2018 (8) TMI 1993 - AT - Income TaxDeduction u/s.80IA(4) - eligible profits earned by the assessee from IT park and related activities - deduction in the first year of the undertaking stands undisturbed or not withdrawn - no provision for withdrawal of special deduction for the subsequent years for breach of certain conditions - HELD THAT:- Unless the relief claimed in the first year of undertaking is withdrawn, the AO cannot withhold the relief for the subsequent years. In the present case, though an attempt is made to withdraw the claim of deduction through the invoking of the provisions of section 148 the same did not fructify for one reason or the other and the judgment of the Hon’ble High Court in the writ proceedings evidences the same. In effect, the claim of the assessee u/s.80IA(4) of the Act stands allowed in the first year of undertaking. Considering the fact that the same is allowed in the first year of undertaking, the AO cannot withdraw the deduction when the facts are identical. Therefore, we are of the opinion that the judgment of Hon’ble Jurisdictional High Court in the case of CIT Vs. Paul Brothers [1992 (10) TMI 5 - BOMBAY HIGH COURT]stands applicable to the facts of the present case legally. Assessee is entitled to relief for both the years on this legal issue alone - Decided in favour of assessee.
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