TMI Blog2018 (7) TMI 2169X X X X Extracts X X X X X X X X Extracts X X X X ..... e first time for assessment year 2003-04 by placing reliance on the decision of Hon ble Bombay High Court in the case of Commissioner of Income Tax Vs. ABG Heavy Industries Ltd. [ 2010 (2) TMI 108 - BOMBAY HIGH COURT ] held the assessee eligible for claiming deduction u/s. 80IA(4) of the Act. Thereafter, the Tribunal in subsequent assessment years following the decision of Co-ordinate Bench in ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is directed against the order of Commissioner of Income Tax (Appeals)-1, Kolhapur dated 21-07-2016 for the assessment year 2013-14. The Revenue in appeal has assailed the order of Commissioner of Income Tax (Appeals) in allowing assessee s claim of deduction u/s. 80IA(4) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) by raising following grounds : 1) Whether on the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of the assessee submitted at the outset that the issue regarding assessee s eligibility for claiming deduction u/s. 80IA(4) has been decided by the Tribunal in appeals by the assessee for assessment years 2004-05 to 2010-11 in ITA Nos. 2571 to 2577/PN/2012 decided on 09-12-2015 and in ITA Nos. 146 147/PUN/2016 for assessment years 2011-12 2012-13 decided on 17-01-2018. The Tribunal followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue regarding assessee s eligibility for claiming deduction u/s. 80IA(4) of the Act is recurring for the past several assessment years. In earlier assessment years the Tribunal has dealt with this issue and has held the assessee eligible for claiming deduction u/s. 80IA(4) of the Act. 4. Both sides heard. Orders of the authorities below perused. The solitary issue raised in the appeal by the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The facts in the assessment year under appeal are identical. We do not find any reason to interfere with the findings of Commissioner of Income Tax (Appeals) in following the order of Tribunal in assessee s own case and to allow assessee s claim of deduction u/s. 80IA(4) of the Act.Accordingly, grounds raised by the Revenue in appeal are dismissed being devoid of any merit. 6. In the result, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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