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TMI Blog2022 (5) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... PER SHRI RAJESH KUMAR, AM: This is an appeal preferred by the revenue against the order of the Commissioner of Income Tax(Appeals)-3, Kolkata [hereinafter referred to as 'CIT(A)'] dated 24.07.2019 for the assessment year 2011-12. 2. The only issue raised by the revenue is against the order of Ld. CIT(A) allowing the deduction u/s 80IB of the Income Tax Act, 1961 (hereinafter referred to as the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edings the Ld. CIT(A) allowed the appeal of the assessee by recording a finding a fact that similar issue has been decided in AY 2013-14 in appeal no. 10277/CIT(A), Kolkata-3/16-17/1122-28 order dated 11.07.2019 by observing that the deduction in the initial/first year in AY 2003-04 has been allowed after due verification by the AO and was also allowed in AY 2004-05 and 2005-06. While allowing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-05 & 2005-06. The Ld. CIT(A) has also recorded a finding a fact that deduction allowed in AY 2003-04, 2004-05 and 2005-06 have not been disturbed and therefore the deduction claimed in the subsequent year cannot be rejected by following the ratio as laid down in decisions of various by various High Courts namely Paul Brothers (supra), Simple Food Product Pvt. Ltd. (supra) & Dinshaw Frozen Food L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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