Tribunal affirms deduction under Section 80IB(5) for A.Y. 2012-13, dismissing Revenue's appeal.

The Tribunal upheld the CIT(A)'s order, affirming the allowance of the deduction under Section 80IB(5) to the assessee for A.Y. 2012-13. The Tribunal noted consistency with previous decisions in favor of the assessee for similar issues in earlier assessment years, ultimately dismissing the Revenue's appeal based on the lack of changes in facts and circumstances.

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Issues:
- Appeal against CIT(A)'s order for A.Y. 2012-13 denying deduction under Section 80IB(5) of the Income Tax Act, 1961.

Analysis:
- The Revenue appealed against the CIT(A)'s order, contending that the deduction under Section 80IB(5) was wrongly denied.
- The assessee argued that the issue was covered by a previous decision in their favor for assessment years 2010-11 and 2011-12.
- The Tribunal had consistently held that the assessee was entitled to the deduction under Section 80IB for income earned through job work for its sister concern.
- The AO had disallowed the deduction based on the premise of reconstruction of an existing business, which the assessee refuted by highlighting the establishment of a new unit with no reconstruction involved.
- The Coordinate Bench had previously ruled in favor of the assessee for assessment years 2010-11 and 2011-12, allowing the deduction under Section 80IB.
- The D.R. supported the AO's order, leading to a hearing where the Tribunal examined the arguments and previous orders.
- The Tribunal noted that the CIT(A) had allowed the claim based on the previous decision for A.Y. 2007-08, where the Tribunal had already allowed the claim of the assessee.
- Since there were no changes in the facts and circumstances, the Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.
- The Tribunal pronounced the order on 21st February 2018, affirming the allowance of the deduction under Section 80IB(5) to the assessee for A.Y. 2012-13.

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