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The ITO-8 (3) -4, Mumbai Versus M/s. XS Cad India Pvt. Ltd.

2015 (10) TMI 1410 - ITAT MUMBAI

Enhanced claim of deduction under section 10A - CIT(A) allowed at 100 per cent. against 50 per cent. claimed by the assessee - Held that:- This issue is no more res integra as it has been settled in favour of the assessee and against the Revenue by t .....

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v. CIT [2006 (3) TMI 75 - SUPREME Court ] and National Thermal Power Co. Ltd. v. CIT [1996 (12) TMI 7 - SUPREME Court ] and finally concluded that even if a claim is not made before the Assessing Officer, it can be made before the appellate authorit .....

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hority and that the judgment does not impinge on the power of the Tribunal under section 254 of the Act. - Decided against revenue. - I.T.A. No. 5001/Mum/2013 - Dated:- 5-3-2015 - SHRI N.K. BILLAIYA AND SHRI VIVEK VARMA, JJ. For the Appellant : Shri .....

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30, 2013 pertaining to assessment year 2010-11. 2. The sole grievance of the Revenue is that the learned Commissioner of Income-tax (Appeals) erred in directing the Assessing Officer to allow the assessee's enhanced claim of deduction under sect .....

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ng the course of the assessment proceedings, the assessee filed a revised computation of income claiming 100 per cent. deduction to which it was eligible. The claim of the assessee was denied by the Assessing Officer. The Assessing Officer drew suppo .....

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ound that there is no dispute in so far as the eligibility of the claim is concerned. The assessee is very much eligible for 100 per cent. deduction though in the return of income 50 per cent. deduction was claimed. Drawing support from various decis .....

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res integra as it has been settled in favour of the assessee and against the Revenue by the decision of the hon'ble jurisdictional High Court in the case of CIT v. Pruthvi Brokers and Shareholders P. Ltd. [2012] 349 ITR 336 (Bom) wherein the hon .....

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