2013 (4) TMI 748

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.... 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 ₹ 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 Phase I & II. 2. The relevant fa....

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.... 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 2004-05,2005-06 and 2006-07. The Assessing Officer has stated that, the disallowance made by his predecessor for above Assessment ....

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....e 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.685/M/2010 vide order dated 04.05.2012, (copy placed at pages 18 to 44 of the paper book) and allowed the claim of the assessee of deduction u/....

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....ing 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 Years 2005-06 and 2006-07, (copy placed at pages 18 to 44 of the paper book), we hold that assessee is entitled for claim of deduction u/s 80-IB(10....