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2022 (1) TMI 1050 - AT - Income TaxDisallowance of the expenditure pertaining to assessees’ Dummugudam project involving varying sums on account of the fact that the same had been incurred on cash basis only - It’s case therefore, is that the CIT (A) has erred in law and on facts in restricting the same to the extent of 12.5% - HELD THAT:- Revenue is fair enough in not pinpointing any distinction on facts or law in all these assessment years as the project concerned is “Dummagudum” only. We thus adopt judicial consistency to affirm the CIT (A)’s findings deleting the impugned disallowance. Revenue fails in its identical former substantive grievance in all these appeals therefore. Deduction u/s 80IA(4) - Disallowance of deduction claimed by the appellant u/s 80IA(4), on the ground that the profits under reference were pertaining to the projects executed by the assessee-company as a constituent of the JV on which the assessee is not eligible for deduction u/s.80IA(4) - HELD THAT:- Assessee has filed a letter before the hon'ble President of the tribunal seeking to constitute a Special Bench u/s 255(3) of the Act and therefore, we ought not to proceed further with the instant appeal till a final decision is taken therein. We note from a perusal of section 255(3) of the Act that there is no such pre-condition of keeping the issue in abeyance so as to await the foregoing representation. We accordingly adopt judicial consistency qua the instant letter as well as in absence of any distinction on the relevant facts involved and restore the impugned section 80IA disallowance in all these three assessment years in Revenue’s favour.
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