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2018 (7) TMI 2169 - AT - Income TaxEligibility for claiming deduction u/s. 80IA(4) - HELD THAT:- From the documents on record we observe that the issue of assessee’s eligibility for claiming deduction u/s. 80IA(4) has cropped up year after year since assessment year 2003-04. The Tribunal for the first time for assessment year 2003-04 by placing reliance on the decision of Hon’ble Bombay High Court in the case of Commissioner of Income Tax Vs. ABG Heavy Industries Ltd. [2010 (2) TMI 108 - BOMBAY HIGH COURT] held the assessee eligible for claiming deduction u/s. 80IA(4) of the Act. Thereafter, the Tribunal in subsequent assessment years following the decision of Co-ordinate Bench in assessee’s own case [2012 (2) TMI 524 - ITAT PUNE] has been allowing benefit of deduction u/s. 80IA(4) of the Act to the assessee. The facts in the assessment year under appeal are identical. We do not find any reason to interfere with the findings of Commissioner of Income Tax (Appeals) in following the order of Tribunal in assessee’s own case and to allow assessee’s claim of deduction u/s. 80IA(4) of the Act.Accordingly, grounds raised by the Revenue in appeal are dismissed being devoid of any merit. Appeal of Revenue is dismissed.
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