2013 (4) TMI 748

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....arz ORDER Per B.R. Mittal, JM: The Assessee has filed this appeal for assessment year 2007-08 against order dated 11.07.2011 of ld CIT(A), vide which he has confirmed the action of Assessing Officer to disallow deduction of Rs. 87,54,412/- claimed u/s 80-IB(10) of Income Tax Act in respect of projects comprising of Balaji Towers, Silicon Towers, Kaveri, Panchvati Vrindavan, Tulsi, Kamothe....

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....aimed that the restrictions brought in by amendments by the Finance Act No. 2 of 2004 effective from 01.04.05 cannot be applied to the assessee's case, since its projects were approved prior to the said amendment made. However, the Assessing Officer turned down the claim of the assessee for deduction u/s 80-IB(10) following assessment orders made by him in assessee's own case for Assessment Years ....

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....ng Officer. Hence this appeal by the assessee before the Tribunal. 5. At the time of hearing, Ld. AR submitted that the same very issue on the same very facts have been considered by the Tribunal for Assessment Year 2004-05 and ITA No. 6431/M/2007 vide order dated 30.03.2011 ( Copy placed at pages 1 to 17 of the paper book) and for Assessment Years 2005-06 & 2006-07 ITA Nos. 393/M/2009 & ITA No....

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....nied the claim for deduction u/s 80-IB(10) of the Act in respect of the Assessment Year under consideration i.e. Assessment Year 2007-08 by following their orders for the Assessment Years 2004-05, 2005-06 & 2006-07, which have since been reversed by the Tribunal vide its order dated 30.03.2011, (copy placed at pages 1 to 17 of the paper book) and vide common order dated 04.05.2012 for Assessment Y....