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2019 (11) TMI 598 - AT - Income TaxRectification of mistake u/s 154 - deduction u/s 80IB disallowed - HELD THAT:- An identical issue has come up before the Tribunal in the assessee’s own case for assessment year 2011-12 wherein also the Assessing Officer had withdrawn the deduction allowed under section 80IB of the Act, which has been upheld by the ld. CIT(A) and the Tribunal vide its order dated 30/10/2018, relying on various case laws, cancelled the rectification order passed under section 154 of the Act and allowed the appeal of the assessee, holding that the Assessing Officer had no jurisdiction to pass order under section 154 of the Act. Main grievance of the ld. D.R. with regard to the allowability of deduction u/s 80IB subject to filing of return within the time prescribed under section 139(1) of the Act, has been considered by the Hon'ble Kerala High Court in the case of ‘Chirakkal Services Co-operative Bank vs. CIT [2016 (4) TMI 826 - KERALA HIGH COURT] and allowed deduction claimed by the assessee, albeit under section 80P of the Act, on which judgment reliance has been placed by the Lucknow Bench of the Tribunal while allowing the deduction under section 80IB of the Act to the assessee in the assessee’s own case for assessment year 2011-12. Since the allowability of deduction under section 80IB of the Act has been considered by the Tribunal in the assessee's own case, on facts exactly similar, mutatis mutandis, to those present for the year under consideration, for assessment year 2011-12 and the Tribunal has decided the issue in favour of the assessee, vide order dated 30/10/2018, following the view taken by the Lucknow Bench of the Tribunal in the assessee's own case (supra), we confirm the order of the ld. CIT(A), cancelling the rectification order passed by the Assessing Officer under section 154 of the Act. Accordingly, all the grounds taken by the Department in its appeal are rejected.
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