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2015 (8) TMI 716 - BOMBAY HIGH COURT

2015 (8) TMI 716 - BOMBAY HIGH COURT - TMI - Entitlement to the benefit of Section 10A - ITAT allowed claim - Held that:- The impugned order of ITAT has merely followed the order of this Court in Western Outdoor and Paul Brothers [2012 (8) TMI 709 - BOMBAY HIGH COURT] in holding that in the absence of withdrawal of benefit of the first year, the benefit cannot be disallowed in subsequent Assessment years. Therefore no fault can be found with the impugned order. - Decided in favour of assessee. - .....

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h 2013 passed by the Income Tax Appellate Tribunal(Tribunal). By the impugned order the Tribunal has disposed of the Appeals for Assessment year 2006-2007, Assessment year 2008-2009 and Assessment year 2004-2005 . 3. The following common questions of law have been urged by the Revenue in all the three appeals for our consideration :- "1. Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in relying on its own decision in the assessee's case for AY 2 .....

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appeal without appreciating the fact that the AO in the Assessment order for AY 2004-05 had clearly established that the assessee had failed to prove that it had purchased new plant and machinery and hence was ineligible for claim of deduction u/s 10A within the provisions of section 10A(2)(iii) read with Explanation thereof?" 4. In the assessment year 2002-2003 the Respondent had claimed the benefit of Section 10A of the Act. The Tribunal by its order dated 22 May 2009 in respect of A.Y.20 .....

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2003 under section 10A of the Act and the Revenue has accepted the same, no occasion to disallow benefit in the subsequent assessment years can arise unless the benefit granted in the first year is withdrawn. The impugned order while dismissing the Revenue's appeal followed the decision of this Court in CIT v/s Western Outdoor Interactive P. Ltd [2012] 349 ITR 309 (Bom) and CIT v Paul Brothers [1995] 216 ITR 548 (Bom) wherein it was held that once a benefit of deduction was extended in respe .....

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