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2015 (11) TMI 1118 - ITAT MUMBAI

2015 (11) TMI 1118 - ITAT MUMBAI - [2015] 42 ITR (Trib) 9 (ITAT [Mum]) - Deduction under section 80-IB denied - CIT(A) allowed the claim - Held that:- Admittedly, the learned Commissioner of Income-tax (Appeals) has followed the order passed by the Tribunal in the assessee's own case for the assessment year- 2006-07. A perusal of the order of the Tribunal would show that the Tribunal is consistently taking the view that the deduction under section 80-IB should be allowed unit-wise and each unit .....

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s appeal challenging the order dated November 28, 2013 passed by the learned Commissioner of Income-tax (Appeals)-13, Mumbai and it relates to the assessment year 2010-11. 2. The only issue urged in this appeal is regarding the relief granted by the learned Commissioner of Income-tax (Appeals) reversing the decision of the Assessing Officer rejecting the deduction claimed by the assessee under section 80-IB of the Income-tax Act, 1961 (the Act), amounting to ₹ 2.73 crores. 3. Learned couns .....

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owed independently to each of the unit. However, the Assessing Officer rejected the said claim of the assessee. 4. The learned authorised representative further submitted that the learned Commissioner of Income-tax (Appeals) allowed the claim of the assessee by following the decision rendered by the co-ordinate Bench of the Tribunal in the assessee's own case in I. T. A. No. 3082/Mum/2010 (assessment year 2006-07) dated February 9, 2012, wherein the Tribunal decided this issue in favour of t .....

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