TMI Blog2019 (2) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... WASEEM AHMED, ACCOUNTANT MEMBER: The captioned appeal has been filed at the instance of the Assessee against the order of the Commissioner of Income Tax (Appeals)-2, Vadodara [CIT(A) in short] vide appeal no.CAB/(A)-2/189/15-16 dated 06.12.2016 arising in the matter of assessment order passed under s.143(3) of the Income Tax Act, 1961(here-in-after referred to as "the Act") dated 28.10.2015 rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of expenditure has resulted in the enhancement of the gross total income which otherwise is allowed as deduction u/s 80IB(11A). 2. Your appellant carves liberty to add, alter, amend or delete any or all the grounds of appeal stated above." 3. At the outset, the Learned AR before us submitted that he had been instructed not to press ground no. 1, therefore we dismiss the same as not presse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Learned CIT(A) assessee is in appeal before us. 7. The Learned AR before us submitted that the assessee is eligible for deduction u/s 80IB (11A) of the Act on the income enhanced by such disallowance of the expenses. 8. On the other hand, learned DR vehemently supported the order of authorities below. 9. We have heard the rival contentions and perused the materials available on record. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) owing to increase in eligible profits in view of the disallowances made under s.43B amounting to Rs. 42,07,953/-. It is the case on behalf of the assessee that the assessee is eligible for corresponding deduction under s.80IB(11A) on account of disallowances made in the assessment 40A(3) and 43B of the Act since the eligible profit stood enhanced due to such disallowance. 5. As submitted on b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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