9911796707
TMI Blog2015 (10) TMI 1471X X X X Extracts X X X X X X X X Extracts X X X X ..... e arising out of identical set of facts and circumstances, therefore, as a matter of convenience, these appeals were heard together and are being disposed off by way of this consolidated order. 2. The sole common issue raised in these appeals is whether or not the learned CIT(A) was justified in deleting the disallowance of ` 55,10,279 for the assessment year 2009-10 and ` 69,09,614 for the assessment year 2010-11 made by the Assessing Officer under section 80IB of the Income Tax Act, 1961 (for short "the Act"). 3. At the outset, the learned Counsel for the assessee submitted that with respect to the same disallowance in earlier years in assessee's own case, this Tribunal, vide order dated 3rd April 2013, for the assessment year 2005-06, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is placed at page-36 of the paper book. Similarly we noted that deduction under section 80IB was allowed for assessment year 2004-05 at ` 5,12,429. From this fact alone, it emerges that allowbility of deduction under section 80IB for Unit-V, has already been discussed while completing assessment under section 143(3) in respect to Unit-V. It is further seen that in the remand report, copy of which is placed at pages- 57 to 59 and at page-59 of the remand report, in para-3, it has been stated that "the assessee has furnished evidence of batchwise computation including the requisition slips, consumption of raw material and raw material stock etc. These are all internal production related documents. These documents indicate that the unit had c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g, then those orders were to be rectified first, and hereafter the deduction under section 80IB could have been withheld for assessment year 2005-06 onwards. Accordingly, we held that the disallowance of deduction under section 80IB for assessment year 2005-06 to 2007-08 were not correct. Accordingly, we direct the A.O. to allow the deduction under section 80IB for these three years." Since the same issue has been decided in favour of the assessee by the Tribunal in assessee's own case, we do not find any reason to deviate from the same. It is also not the case of the Revenue that the Hon'ble Jurisdictional High Court has reversed the said order of the Tribunal. Accordingly, respectfully following the precedent as above, we do not fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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