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2015 (11) TMI 1872 - ITAT NAGPUREligibility of Deduction u/s 80IB - HELD THAT:- We find that this Tribunal in assessee’s own case for assessment year 2004-05 had held that the assessee was entitled to deduction u/s 80IB. The AO has not followed the ITAT’s order on the ground that the Department has filed the appeal against the decision before the Hon’ble High Court. CIT(Appeals) has not accepted the ITAT’s decision on the ground that the Tribunal was not properly apprised of the facts. We find that since the facts are identical and in assessee’s own case the Tribunal has decided the issue, judicial discipline mandates that we follow the order of the Tribunal. We further note that the Revenue has already filed appeal before the Hon’ble High Court [2010 (4) TMI 1232 - BOMBAY HIGH COURT]. In this view of the matter since the Hon’ble jurisdictional High Court has not reversed the decision of ITAT, we follow the above said order of ITAT in assessee’s own case. Hence we set aside the order of learned CIT(Appeals) and hold that the assessee is eligible for deduction u/s 80IB. - Assessee appeal allowed.
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