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2019 (8) TMI 795 - AT - Income TaxDeduction u/s 80IA(4) - profits earned from power generation from windmill - CIT(A) treating the windmills set up at different place in different year as separate undertaking and that such windmill do not constitute as single business undertaking for the purpose of deduction u/s 80IA - HELD THAT:- The claim of deduction was denied by AO but when the matter was carried before Ld.CIT(A), she following the order of her predecessor in assessee’s own case for A.Ys. 2011-12 and 2012-13 allowed the claim of assessee as held that the initial assessment year for the assessee for claiming deduction u/s.80IA (4) r.w.s (5) is the issue adjudicated by the Tribunal in favour of the assessee. While granting relief in para 65 of the Tribunal order, the Tribunal relied on the decision of Coordinate Bench of the Tribunal in the case of Poonawala Estate Stud & Agro Farm Pvt. Ltd. [2010 (9) TMI 1080 - ITAT PUNE] and Velayudhaswamy Spinning Mills Pvt. Ltd [2010 (3) TMI 860 - MADRAS HIGH COURT] . As such, Ld. DR could not bring any contrary decision on the issue under consideration. Thus, the initial assessment year constitutes the assessment year in which the deduction u/s.80IA of the Act is first claimed by the assessee after exercising his option as per the provisions of Section 80IA(2) of the Act. Therefore, we are of the opinion that the relief granted by the CIT(A) on this issue does not require any interference - Decided against revenue.
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