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TMI Blog2020 (9) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... 11-12 [ 2018 (4) TMI 1821 - ITAT PUNE] and following the same, we are of the considered view that the relief provided by the learned Commissioner of Income Tax (Appeals) to the assessee allowing the claim of deduction u/s 80IA(4)(iii) of the Act was done correctly and the said relief provided to the assessee is sustained. - ITA No.1874/PUN/2017 - - - Dated:- 25-9-2020 - Shri P.M. Jagtap, Vice President (KZ) And Shri Partha Sarathi Chaudhury, Judicial Member For the Assessee : Shri Dharmesh Shah. For the Revenue : Shri S.P. Walimbe. ORDER PER SHRI PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the Revenue emanates from the order of learned Commissioner of Income Tax (Appeals) 7, Pune dated 21.11.2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible for deduction is] s 80IA(4)(iii) of the I.T.Act, 1961 while the condition that minimum number of 30 units should be operational for availing the benefit was not met since by 31.03.2010 only 16 units were operational. 2. The issue in question in this appeal is with regard to the allowability of deduction u/s 80IA(4)(iii) of the Act. 3. The brief facts in this case are that the assessee had claimed deduction under Sec.80IA(4)(iii) of the Act for the first time in A.Y. 2003-04 and had since claimed it for all the subsequent years. The year under consideration i.e., A.Y. 2012-13 is the last year of its claim. The learned Authorised Representative submitted that the claim of the assessee was rejected in first two years i.e., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the learned Commissioner of Income Tax (Appeals) detailed submissions were filed by the assessee and the first appellate authority after considering the assessment order and the submissions of the assessee primarily relied on the decision of Hon ble Supreme Court in the case of DCIT Vs. Ganesh Housing Corporation Limited reported at 25 Taxmann.com 305 (SC) and held that the assessee has fulfilled all the conditions in order to claim deduction under Sec.80IA(4)(iii) of the Act. The learned Commissioner of Income Tax (Appeals) also observed that the assessee had claimed deductions under the said provision in A.Ys. 2005-06 to 2009-10 which were allowed by the learned Assessing Officer. Further, in A.Y. 2011-12 which is the immediate prec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue before the Pune Tribunal the relief was sustained. The relevant portion of the decision of Pune Tribunal in assessee s own case for A.Y. 2011-12 in I.T.A.No.1345/PUN/2016 is extracted hereunder : We have heard the rival contentions and perused the record. Briefly, in the facts of the case, the assessee was engaged in the development, sale, lease and maintenance of property for residential and commercial purpose and also in the development of software park. The assessee owned two undertakings carrying on development, maintenance and operation of industrial park and development of residential and commercial complexes. The assessee had maintained separate books of account for both the undertakings. The assessee had claimed deduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time. The Assessing Officer vide para 5 also notes the records for assessment years 2003-04 and 2004-05. Since the assessee had satisfied the requirement regarding number of units after the same was adopted at 105, the Assessing Officer held the assessee to have satisfied the conditions for assessment year 2005-06. Consequently, the Assessing Officer allowed deduction under section 80IA(4)(iii) of the Act to the assessee as per clause (6) of IPS, 2002. Thereafter, the Assessing Officer under section 143(3) of the Act, order dated 31.03.2010 for assessment year 2007-08 and vide order dated 22.10.2011 for assessment year 2009-10 allowed the deduction claimed under section 80IA(4)(iii) of the Act. The assessee for the year under consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of CIT(A) in para 6.3 and in view of evidences filed by the assessee in audit report in form No.10CCB, we hold that the assessee is entitled to claim the aforesaid deduction under section 80IA(4)(iii) of the Act. 8. Before parting, we may also note that despite the disallowance of deduction in assessment years 2003-04 and 2004-05, the Assessing Officer himself had observed that the assessee had fulfilled all the conditions in assessment year 2005-06 and allowed the deduction to the assessee in the said year and also in subsequent years. The assessee has been allowed the aforesaid deduction by way of assessment order passed under section 143(3) of the Act for assessment years 2005-06, 2007-08 and 2009-10. ITA No.1345/PUN/2016 M/s. Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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