TMI Blog2013 (5) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... st the order of Ld. CIT(A) XV, Ahmedabad date 19.11.2010 for the assessment year 2007-08. The grounds raised by the revenue are as under: 1). The Id. Commissioner of Income-tax (A)-XV, Ahmedabad has erred in law and on facts in directing the Assessing Officer to allow the assessee's claim for deduction of ₹ 51,18,200/- u/s. 80!B(10) of the Act. 2). The Id. Commissioner of Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer. . . 4). It is therefore, prayed that the order of the Id. Commissioner of Income-tax(A)-XV, Ahmedabad may be set-aside and that of the Assessing Officer be restored. 2. Ld. D.R. supported the assessment order, whereas the Ld. A.R. supported the order of Ld. CIT(A). 3. We have considered the rival submissions, perused the material on record and have gone through the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puted that the appellant did not fulfill the various conditions laid down from clause (a) to (d) of section 80!B(10), therefore the AO is directed to allow deduction claimed u/s.80lB(10) to the appellant as it has been found fulfilling the conditions laid down in section 801B(10) as well as the tests laid down in the decision of Shakti Corporation. 4. From the above para of the order of Ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts, the order of Ld. CIT(A) is not sustainable but we also feel that in the interest of justice, this issue should go back to the file of Ld. CIT(A) for a fresh decision by way of passing a speaking and reasoned order. Accordingly, the order of Ld. CIT(A) on this issue is set aside and the matter is restored back to his file for a fresh decision. Ld. CIT(A) should pass speaking and reasoned or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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