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2017 (1) TMI 679 - AT - Income TaxExemption u/s 80P(2)(a)(vi) - assessee is Co-operative Society and was Federation of Skilled and Unskilled labourers - Held that:- Tribunal for assessment years 2006-07, 2008-09 and 2009-10 held the assessee to be eligible to claim the aforesaid deduction. Assessing Officer also acknowledged that the issue was decided in favour of the assessee by the Tribunal in earlier years. However, since the appeal has been filed before the Hon’ble Bombay High Court against the decision of Tribunal, the said decision was not applied by the Assessing Officer. The CIT(A) however, has granted relief to the assessee since the facts and issue were identical to the facts and issue before the Tribunal. Tribunal further allowed the claim of deduction under section 80P(2)(a)(vi) of the Act to the assessee following earlier decision of the Tribunal in assessment years 2006-07, 2008-09 and 2009-10. The learned Departmental Representative for the Revenue has failed to controvert the findings of CIT(A) and in the absence of the same, we find no merit in the grounds of appeal raised by the Revenue. Following the same parity of reasoning and since the issue is settled in favour of the assessee by earlier order of Tribunal, we uphold the order of CIT(A) and dismiss the grounds of appeal raised by the Revenue.
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