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TMI Blog2014 (7) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... . C. 1. This appeal under section 260 A of the Income Tax Act, 1961 challenges the order passed by the Tribunal on 30th November, 2012. The assessment year in question is 2000-01. 2. Mr. Malhotra, learned counsel, appearing on behalf of the revenue submits that this appeal raises substantial question of law and particularly the allowability of deduction under section 80I on the income from expan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was commissioned in the first financial year 1990-91 the assessee claimed deduction under section 80I for the first time in 1991-92. The deduction was allowed. The assessment was reopened in the year under consideration on the ground that the assessee had claimed excess deduction by enhancing the profit and by not reducing the research and development expenditure. However, deduction under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he subsequent assessment years is, therefore, erroneous and the appeal deserves admission. 6. Mr. Jasani, learned counsel, on the other hand submits that the Tribunal has rightly applied the ratio in the aforementioned judgments and deleted the addition. The deduction was rightly allowed and once the Tribunal held that for the assessment year 1991-92 the deduction was claimed, then, unless the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the expansion of the dispersant unit of 4th stage made in 1991 was not eligible for deduction under section 80I. In the original assessment order passed under section 143(3) deduction was allowed though quantum of deduction was reduced. Subsequently, the Assessing Officer reopened the assessment for allowing excess deduction but that is not claiming for excess quantum. In none of the assessment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of this Court in the case of Direct Information Private Limited V/s. Income Tax Officer and others reported in (2012) 349 ITR 150, the ratio in the case of Paul Brothers has been again reiterated. The Division Bench judgment, therefore, reiterates the principle. In such circumstances, we are of the opinion that in following the decisions rendered and referred by us above, the Tribunal did not co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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