2013 (12) TMI 409

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....r Bench All the three appeals are filed by the Revenue. These are directed against three separate orders passed by the Ld. CIT(A) dt. 7.7.2011 for assessment years 2004-05, 2006-07 and 2008-09. 2. Grounds of appeal for assessment year 2004-05 read as under" "1. On the facts and in the circumstances of the case and in law, the CIT(A) erred in allowing deduction u/s. 10A without appreciating the ....

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....l for assessment year 2006-07 and 2008-09 are identical and read as under: "1. On the facts and in the circumstances of the case and in law, the CIT(A) erred in allowing deduction u/s. 10A without appreciating the fact that the AO had disallowed the same following his findings during the course of remand proceedings for A.Y. 2002-03 that in the initial year of its business the assessee did not ca....

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....uation and the appeal filed by the Revenue against the said order of the Ld. CIT(A) was dismissed by the Tribunal vide its order dt. 22.5.2009 in ITA No. 61/Mum/2008. The Revenue filed an M.A against the said order which was dismissed vide order dt. 21st September, 2012 in M.A. No. 183/Mum/2012. Copies of the order of the Tribunal are placed on our record. 5. For the years under consideration, de....

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....pporting such proposition, the Ld. AR relied upon the decision of the Hon'ble Bombay High Court in the case of CIT Vs Western Outdoor Interactive Pvt. Ltd. 349 ITR 309 (Bom) in which it has been held that :- "where a benefit of deduction is available for a particular number of years on satisfaction of certain conditions under provisions of the Act, then without withdrawing as setting aside the re....