2007 (11) TMI 677

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....r the respondent. 2. This appeal under Section 260-A of the Income Tax Act, 1961 has been preferred by the revenue against the order dated 11/02/2004 passed by the Income Tax Appellate Tribunal, Nagpur Bench, Nagpur (ITAT for short) dismissing the appeal filed by the revenue. By the said common order dated 11/02/2004 ITAT disposed of the appeals preferred by the revenue against the common order....

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....ision of the Bombay High Court in the case of CIT vs. Paul Brothers (216 ITR 548) held that the deduction under Section 80IA having been allowed to the assessee in the initial year i.e. 1992-93, the A.O. was not justified in denying such deduction in the subsequent years. Accordingly, the ITAT dismissed the appeal filed by the revenue. 3. Mr. Parchure, learned counsel appearing for the revenue ....

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....e low. 4. Mr. K.P. Dewani submitted that the impugned order passed by the ITAT cannot be faulted inasmuch as the Tribunal has relied upon the decision of this Court in CIT vs. Paul Brothers (supra) in terms of which if certain deduction is permitted in a particular assessment year, the same could not have been disallowed for subsequent assessment years. According to Mr. K.P. Dewani, no substant....

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....ht to have been aware that in case deduction was allowed in a particular year the same could not have been denied for subsequent assessment years. The revenue ought to have, therefore, challenged the order passed by the assessing officer for the assessment year 1992-93. The revenue having not done so we are of the considered opinion that no fault can be found with the order passed by the Tribunal ....