9911796707
TMI Blog2021 (6) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... : This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)-8, Pune dated 28.11.2017 for the assessment year 2012-13 as per the following grounds of appeal on record : "1. The learned CIT(A) erred in law and on facts in confirming addition of Rs. 9,00,000/- disallowing claim u/s.35D of the Act by disregarding that the same is applicable to all pre-operative expendit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the employee"s contribution to Provident fund of Rs. 5,82,110/- beyond the dates specified in the Act. 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 Rs. 9,00,000/- on account of preliminary expenses u/s.35D of the Act. On verification, the Assessing Officer found that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITA No.2674/PUN/2017 for the assessment year 2011-12 dated 15.11.2019. 5. The Ld. DR fairly conceded to the submissions put forth by the Ld. Counsel for the assessee. 6. We find, the Pune Bench of the Tribunal in assessee"s own case in ITA No.2674/PUN/2017 for the assessment year 2011-12 has held and observed as follows: "4. I have heard both the sides and gone through the relevant material o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 Rs. 9.00 lakh in the year under consideration as well. The impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
