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2014 (6) TMI 977

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..... Banaskantha District Cooperative Milk Producers Union [2010 (2) TMI 1197 - ITAT AHMEDABAD] also confirmed by HC [2012 (1) TMI 310 - GUJARAT HIGH COURT] wherein on identical facts it was held that even if no separate books were maintained or separate balance sheet were filed deduction under Section 80IB of the Act cannot be denied.We see no reason to interfere with the impugned judgment and order p .....

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..... ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.0. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal ) dated 27.09.2013 passed in ITA No. 2613/AHD/2012 for AY 2009-10, the Revenue has preferred present Tax Appeal with following proposed substantially question of .....

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..... d Tribunal has relied upon its earlier order in the case of Banaskantha District Cooperative Milk Producers Union rendered in ITA No.3599/AHD/2009 for AY 200506 wherein on identical facts it was held that even if no separate books were maintained or separate balance sheet were filed deduction under Section 80IB of the Act cannot be denied. It is reported that decision of the Tribunal in the case o .....

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..... P)(2)(d) of the Act is concerned, it is required to be noted that the assessee claimed deduction under Section 80(P)(2)(d) of the Act on the interest earned on the fixed deposit with Cooperative Bank and the Societies and it has been found that as such the income was received from the investment in Cooperative Societies and Cooperative Bank. Considering Section 80(P)(2)(d) of the Act when the only .....

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