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2020 (3) TMI 677 - AT - Income TaxDeduction u/s. 80IA(4) - FDR interest, scrap sales and EDI charges - whether these incomes cannot be said to be derived from the business activity of the assessee of running a Container Freight Station." - HELD THAT:- We find that the issues ( reg: claim of deduction u/s. 80IA (4) of the Act] on a/c of FDR/EDI/scrap sales and profit earned from the operation of an inland container depot (ICD) involved in the present appeal are in favour of assessee and against the revenue, which has been affirmed by decision of the Hon’ble Bombay High Court in assessee’s case The facts in AY 2010-11 are identical and similar to the facts in earlier assessment years ( AY 2008-09) as dealt with by this tribunal. We further find that the AO has ought to have followed the said decision of the Hon’ble Bombay High Court in assessee’s own case. The AO made additions only on the reason that the matter is still pending in Hon’ble High Court, ignoring the fact that the Hon’ble High Court had already decided the issues in AY 2008-09 in favour of assessee.
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