TMI Blog2021 (6) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... he A.Y. 2010-11, meaning thereby that the deduction got allowed. From the above report of the AO, it is ostensible that the assessee has been consistently allowed deduction of ₹ 9.00 lakh in the assessments for the A.Ys 2009-10 and 2010-11. The assessment year 2011-12, under consideration, is a consecutive 3rd year in line. The deduction for similar amounts has been allowed in the immediately two preceding assessment years, following the principle of consistency, hold the assessee to be entitled to deduction in the year under consideration as well. The impugned order is overturned on this score and the deduction is granted. - Decided in favour of assessee. - ITA No. 224/PUN/2018 - - - Dated:- 21-6-2021 - SHRI INTURI RAMA RAO, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accordingly, the Assessing Officer disallowed the same u/s.36(1)(va) r.w.s.2(24)(x) of the Act. The Assessing Officer further observed that the assessee had claimed a sum of ₹ 9,00,000/- on account of preliminary expenses u/s.35D of the Act. On verification, the Assessing Officer found that the assessee had claimed total expenditure of ₹ 98,11,558/- as pre-operative expenses during the year under consideration, out of which, it considered ₹ 45,00,000/- as the qualifying amount u/s.35D and the same was amortized and claimed as 1/5th expenses over a period of 5 years starting with A.Y.2009-10. Accordingly, the assessee claimed ₹ 9,00,000/- in the year under consideration. However, on verification of the nature of expen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been consistently allowed deduction of ₹ 9.00 lakh in the assessments for the A.Ys 2009-10 and 2010-11. The assessment year 2011-12, under consideration, is a consecutive 3rd year in line. In view of the fact that the deduction for similar amounts has been allowed in the immediately two preceding assessment years, following the principle of consistency, I hold the assessee to be entitled to deduction of ₹ 9.00 lakh in the year under consideration as well. The impugned order is overturned on this score and the deduction of ₹ 9.00 lakh is granted. 5. In the result, the appeal is allowed. We, therefore, respectfully following the decision of the Pune Bench of the Tribunal in assessee s own case (supra.) with th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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