Section 80IA deduction denial set aside where the Tribunal relied on an earlier order already remanded.

Denial of deduction under section 80IA(4) for the relevant assessment year could not be sustained where the Tribunal had decided the matter by following its earlier order for a prior year, and that earlier order had already been set aside for reconsideration. As the foundational precedent was no longer operative, the impugned order required the same treatment. The matter was therefore restored to the Tribunal for fresh adjudication in accordance with law.

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Issues: Whether the denial of deduction under section 80IA(4) of the Income-tax Act, 1961 for assessment year 2004-05 should be interfered with and the matter remanded for fresh adjudication.

Analysis: The Tribunal had dismissed the assessee's appeal by following its order for the earlier assessment year. That earlier order had already been set aside by the Court and restored to the Tribunal for reconsideration. In view of that development, the impugned order for the relevant assessment year could not stand independently and required reconsideration on the same footing.

Outcome: The impugned order was set aside and the matter was restored to the Tribunal for a fresh decision in accordance with law.

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