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2019 (6) TMI 1648 - AT - Income TaxReduction of Profit eligible for deduction u/s 80-IB(10) whilst computing Book Profits u/s 115JB - HELD THAT:- Tribunal did not adjudicate the same and dismissed the grounds treating the same to be merely academic in nature. The assessee as well as revenue contested the order of Tribunal for AY 2010-11 before Hon'ble Bombay High Court wherein the Hon’ble Court, [2017 (6) TMI 1361 - BOMBAY HIGH COURT] remitted the matter back to the Tribunal for adjudication in view of the fact that the grounds were not adjudicated. The copy of the order has been placed on record. In the above background, it has been submitted that the non-adjudication of ground in impugned AY would constitute mistake apparent from record and therefore, suitable directions may be given to rectify the same. The Ld. DR fairly conceded the same. Upon careful consideration, the undisputed position that emerges is the fact that similar issue as stated in Ground A, arose in assessee’s case for AY 2010-11 which was dismissed as academic in nature by the order of Tribunal [2014 (2) TMI 1154 - ITAT MUMBAI]. Upon further appeal by the assessee as well as department, the order of the Tribunal was quashed by Hon’ble Bombay High Court and set aside for readjudication The controversy being pari-materia the same and in view of the fact that the assessee is not in further appeal with respect to Ground No. A, respectfully following the directions of jurisdictional High Court in AY 2010- 11, we are of the considered opinion that Ground No. A of the appeal would require adjudication. Therefore, we recall the observations of Tribunal in [2016 (3) TMI 907 - ITAT MUMBAI] with respect to Ground No. A. The same would be taken up for re-adjudication in regular course.
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