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2018 (2) TMI 1704 - AT - Income TaxEligibility to deduction u/s 80IB - Vishesh Krishi Upaj Yojana and Drawback Duty - Held that:- In the case in hand, the assessee was not denied the eligibility of deduction u/s 80IB but only a particular receipts/income has been held as not eligible for deduction u/s 80IB on the ground that it is not an income derived by the industrial undertaking. A particular receipt which is found to be not income/profit derived from the business of the eligible undertaking has to be excluded for the purpose of computing the deduction u/s 80IB. The case of the assessee does not fall in the category where the AO has accepted the business of the assessee undertaking as eligible for deduction u/s 80IB in the initial year but has taken a difference stands in the subsequent years. A year before us is not the first year in which the claim of the assessee u/s 80IB in respect of Vishesh Krishi Upaj Yojana and Drawback Duty has been denied but this was denied in the earlier years and for the Assessment Year 2008-09, the matter has been carried to the Hon’ble Jurisdictional High Court but the assessee could not succeed. - Decided against assessee.
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