2018 (6) TMI 1567

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....r the Respondent : Shri Mudit Nagpal, Sr.D.R. ORDER PER PRADIP KUMAR KEDIA - AM: The captioned appeal has been filed at the instance of the assessee against the order of the CIT(A)-II, Baroda ('CIT(A)' in short), dated 11.05.2015 arising in the assessment order dated 28.03.2013 passed by the Assessing Officer (AO) u/s.143(3) of the Income Tax Act, 1961; (the Act) concerning assessment yea....

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....ein it is held that addition u/s. 68 is unwarranted where amount is repaid and the same is accepted by the A.O. 4. Ld. Commissioner of Income Tax (Appeals)-2, Vadodara has erred in law and facts in denying the deduction u/s. 80IB(11A) on the portion of the eligible business profit enhanced on account of disallowances under sec. 40A(3) of Rs. 30,000/-. 5. The Ld. Commissioner of I....

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....nces made under s.43B amounting to Rs. 42,07,953/-. It is the case on behalf of the assessee that the assessee is eligible for corresponding deduction under s.80IB(11A) on account of disallowances made in the assessment 40A(3) and 43B of the Act since the eligible profit stood enhanced due to such disallowance. 5. As submitted on behalf of the assessee, we find that CBDT has addressed the afore....