TMI Blog2014 (8) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... e. CIT (A) has rightly adjudicated the issue under consideration while granting the relief to the assessee. Accordingly, we find no infirmity in the order of the CIT (A) and it does not call for any interference. Accordingly, the grounds raised by the Revenue are dismissed. - I.T.A. No.3584/M/2013 - - - Dated:- 22-8-2014 - SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER For The Appellant : Shri Mohit Jain For The Respondent : Shri K.K. Ved ORDER PER D. KARUNAKARA RAO, AM: This appeal filed by the Revenue on 7.5.2013 is against the order of the CIT (A)-21, Mumbai dated 4.3.2013 for the assessment year 2009-2010. 2. In this appeal, Revenue raised the following grounds whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate authority, after considering the submissions of the assessee, CIT (A) allowed the appeal. While allowing the assessee‟s appeal CIT (A) relied on the judgment of Hon‟ble Bombay High Court in the case of CIT vs. Paul Bros . reported in 79 Taxmann 370 (Bombay) and the judgment of Hon‟ble Gujarat High Court in the case of Saurashtra Cement and Chemical Industries Limited vs. CIT, 123 ITR 669 (Guj) for the proposition that where the relief is granted in the earlier years, the assessee‟s claim for the subsequent years cannot be rejected on the same ground without withdrawing the relief for the earlier assessment years. Para 3.5 of the CIT (A)‟s order is relevant in this regard. Aggrieved with the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the very object of granting incentives. It would kill the industry. Therefore, keeping in mind the object with which these provisions are enacted, keeping in mind the industrial growth which is required to be achieved, if two interpretations are possible, the courts have to lean in favour of extending the benefit of deduction to an assessee who has availed the opportunity given to him under law and has grown in his business. Therefore, we are of the view, if a small scale industry, in the course of 10 years, stabilizes early, makes further investments in the business and it results in it‟s going outside the purview of the definition of a small scale industry, that should not come in the way of its claiming benefit under section 80IB ..... X X X X Extracts X X X X X X X X Extracts X X X X
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