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2016 (11) TMI 1711 - ITAT KOLKATADeduction u/s 80-IB - Difference between the amount claimed by the assessee u/s 80-IB of the Act and the deduction allowed by the AO - different method of apportionment of expenditure followed by the AO - HELD THAT:- There is merit in the submissions of the assessee, as the proposition canvassed by the assessee are supported by Judgments cited above and the facts narrated by him above. AR has also pointed out that the assessee has been following the method for allocation of common selling and office expenses since long. Therefore the assessee under consideration has been following consistent basis for allocation of common selling expenses and head office expenses. The method adopted by the assessee has been confirmed by the ld. CIT(A) and also confirmed by the Jurisdictional ITAT Kolkata. The AO while making the assessment did not accept the basis for allocation of common selling and head office expenses adopted consistently by the assessee and he has not accepted the orders of the Kolkata Bench of Tribunal. Since the issue is squarely covered in favour of the assessee by the orders passed by the Kolkata Bench of the Tribunal in the preceding previous years, therefore we do not hesitate to confirm the order passed by the ld. CIT(A). Appeal of the revenue is dismissed.
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