2010 (4) TMI 1099

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....mber) This is an appeal filed by the Revenue against the order of CIT(A) dated 4.11.2009 for the AY 2006-07, wherein Revenue is aggrieved for allowing deduction to the assessee u/s 80IB of the IT Act. 2. At the outset, learned AR placed on record the order of ITAT in assessee's own case for the immediately preceding AY 2005-06, wherein exactly similar issue was dealt with by the Tribunal. 3. We....

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....pose. In the instant case, assessee firm was engaged in manufacture of electronic durables in proprietorship capacity. However, the constitution of the assessee firm change by admission of a partner therein. The claim of deduction u/s 80IB was filed by the assessee partnership firm in AY 2005-06 which was declined by the AO on the plea that there was transfer of plant and machinery already in use ....