TMI Blog2014 (11) TMI 1227X X X X Extracts X X X X X X X X Extracts X X X X ..... ded against the assessee by the Tribunal in assessee s own case for A.Y. 2003-04. In view of the order of the Tribunal in assessee s own case, the grounds raised by the Revenue are allowed. On further appeal by the assessee, the Hon ble High Court has already admitted the 3 substantial questions of law which are already mentioned at para 5 above. Therefore, in view of the declaration u/s.158A(1) filed by the assessee in Form No.8, we direct the Assessing Officer to amend the order if the issue is decided in favour of the assessee by the order of the higher authorities at a later date. Grounds raised by the Revenue are accordingly allowed. - ITA No.536/PN/2012 - - - Dated:- 26-11-2014 - Ms. Sushma Chowla, Judicial Member and Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elying on various decisions the Assessing Officer denied the benefit of deduction claimed by the assessee u/s. 80IA(4)(iii) of the I.T Act. 3. In appeal the Ld.CIT(A) allowed the claim of the assessee holding that the assessee is eligible for deduction u/s. 80IA(4)(iii) of the I.T. Act. 4. Aggrieved with such order of the CIT(A) the Revenue is in appeal before us with the following grounds : 1. On the facts and in the circumstances of the case and in law, the Ld CIT(A) has erred in allowing the deduction u/s. 80IA(4)(iii) of the I. T. Act , 1961, when there was no notification at the time of completion of the assessment. (The notification No. 209/2007/F.No. 178/78/2007-ITA-I of CBDT has been actually issued on 03/07/2007). 2. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration u/s.158A(1) filed in Form No.8 along with a copy of the order of the jurisdictional High Court vide Income Tax Appeal No.484/2012 order dated 26-03-2013 wherein the Hon ble High Court has admitted the appeal of the assessee on the following substantial questions of law : (a) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in denying the deduction claimed by the Appellate amounting to ₹ 72,28,116/- under section 80IA(4)(iii) of the Act in respect of income derived by it from the industrial park for assessment year 2003-04 . (b) Whether it is open to the Tribunal to rely upon rule 18C of the Rules and certain provisions from the Industrial Park Scheme, 2002 as laying down the condit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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