TMI Blog2014 (12) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... - the Tribunal was rightly of the view that the assessee has satisfied all the conditions in order to avail benefit of Section 80IA – the order of the Tribunal is upheld – Decided against revenue. - TAX APPEAL NO. 1321 of 2006 With TAX APPEAL NO. 1326 of 2006 With TAX APPEAL NO. 1328 of 2006 - - - Dated:- 1-12-2014 - MR. KS JHAVERI AND MR. K.J.THAKER, JJ. FOR THE APPELLANT : MR. P.G. DESAI, ADVOCATE FOR THE RESPONDENT : MR SUNIL B PARIKH, ADVOCATE JUDGEMENT Per: K S Jhaveri: 1. Since all these appeals arise from the common order of the Income Tax Appellate Tribunal, they are being disposed of by this common judgment. 2. By way of these appeals, the appellant-revenue has challenged the common order dated 28.02 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmulated the following substantial question of law: Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was right in law and on facts in holding that the deduction under Section 80 1A of the Income Tax Act, 1961 if not claimed in the initial year, can be claimed in the subsequent years when the conditions therein are fulfilled ? 6. Learned counsel for the appellant-revenue has submitted that the Tribunal has committed error in allowing the claim of the assessee. He further submitted that the Tribunal as well as the CIT(A) have not properly considered the material on record. Therefore, he urged that the present appeals deserve to be allowed. 7. On the other hand, learned advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .33% 100.00 % 94-95 461782 865912 1327694 34.78% 65.22% 100.00 % 95-96 586687 3391767 3978454 14.75% 85.25% 100.00 % The CIT(A) has considered the decision of Kerala High Court in CIT V Seeyon Plywood (56 Taxation 296), wherein the Court has held that if the assessee does not satisfy the conditions in the initial year and if he satisfies the conditions in subsequent years, then the benefit must be given from the year in which it satisfies the conditions and as per section 80I the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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