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TMI Blog2019 (4) TMI 1727X X X X Extracts X X X X X X X X Extracts X X X X ..... section 143 (3) read with section 263 dated 08.12.2016 of Income Tax Act,1961 (in short 'the Act') by the Deputy Commissioner of Income-Tax, Circle - 2(1)(2) Vadodara (in short "the AO"). 2. The grounds of appeal raised by the Revenue are as under: "1.1That in the facts and circumstances of the case, and in law, Ld. CIT(A) erred in directing the AO to allow the assessee weighted deduction u/s. 35(2AB) even though the required conditions are not fulfilled. 1.2 That in the facts and circumstances of the case, and in law, Ld. CIT(A) erred in directing theAO to allow the assessee weighted deduction u/s. 35(2AB) on the basis of the order dated. 22.12.2016 of the Hon'ble ITAT, without considering that this order had been set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14. Subsequently, Pr. CIT -2 Vadodara passed an order under section 263 dtd. 28.03.2016 and set-aside the aforesaid assessment holding that weighted deduction of Rs. 237,77,05,310 was wrongly allowed. Consequently, assessment was made on 08.12.2016 by disallowing the above claim made under section 35(2A) in assessment order under section 143 (3) read with section 263 of the Act. 4. Being aggrieved, the assessee filed an appeal before the ld. CIT (A). Before whom the assessee has filed an order of Tribunal in I.T.A.No. 1390/Ahd/2016 A.Y. 2009-10 dated 22.12.2016 by which disallowance proposed by the Pr. CIT -2 Vadodara was allowed. The CIT (A) held that since the order under section 263 was not quashed by the tribunal hence, Ground No. rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have heard the rival submissions and perused the relevant material on record. We find that the issue of disallowance of weighted deduction amounting to Rs. 237,77,05,310 stands allowed by the Ld. CIT (A) , Tribunal , Hon'ble High Court and Hon`ble Supreme Court in above mentioned citation by holding that merely because the prescribed authority failed to send intimation In Form No. 3CL, would not be reason enough to deprive the assessee`s claim of deduction under section 35(2AB) of the Act. In view of this matter, respectively following the order of above mentioned authorities, we do not find any infirmity in the order of CIT (A), accordingly, same is upheld. Exconsequenti, the Ground No. 1.1 to 1.5 of the Revenue are therefore, dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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