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2016 (7) TMI 522 - AT - Income TaxReopening of assessment - Claim for deduction under section 10A - Held that:- As in the light of the findings rendered by the Coordinate Bench of this Tribunal in the assessee’s own case for A.Y. 2009-10 upholding on merits the eligibility of the assessee’s claim for deduction under section 10A of the Act for A.Y. 2009-10, the basis upon which the AO recorded the reasons for reopening the assessments for assessment years 2005-06 to 2008-09 (extracted supra), being struck down, does not now survive thereby rendering the reasons recorded for the aforesaid four assessment years unsustainable both in law and on facts. In this view of the matter, we find no merit in the grounds raised by Revenue on this count and uphold the quashing of the reassessment orders for assessment years 2005-06 to 2008-09 dated 18.03.2013 for being unsustainable in law. Further, following the decision of the Coordinate Bench of this Tribunal in assessee’s own case for A.Y. 2009-10 we also uphold the orders of the CIT(A) in allowing the assessee’s claim for deduction under section 10A of the Act for assessment years 2005-06 to 2008-09 on merits. It is accordingly ordered. - Decided in favour of assessee.
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