2019 (2) TMI 373

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....hri T. C. Meena, Sr. D.R. ORDER PER WASEEM AHMED, ACCOUNTANT MEMBER: The captioned appeal has been filed at the instance of the Assessee against the order of the Commissioner of Income Tax (Appeals)-2, Vadodara [CIT(A) in short] vide appeal no.CAB/(A)-2/189/15-16 dated 06.12.2016 arising in the matter of assessment order passed under s.143(3) of the Income Tax Act, 1961(here-in-after refe....

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.... The ld CIT(A) erred in rejecting the contention of the appellant that such disallowance of expenditure has resulted in the enhancement of the gross total income which otherwise is allowed as deduction u/s 80IB(11A). 2. Your appellant carves liberty to add, alter, amend or delete any or all the grounds of appeal stated above." 3. At the outset, the Learned AR before us submitted that h....

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....6. Aggrieved, assessee preferred an appeal to Learned CIT(A) who has confirmed the order of the AO. Being aggrieved by the order of Learned CIT(A) assessee is in appeal before us. 7. The Learned AR before us submitted that the assessee is eligible for deduction u/s 80IB (11A) of the Act on the income enhanced by such disallowance of the expenses. 8. On the other hand, learned DR vehementl....

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....s profit enhanced on account of disallowances under s. 40A(3) of Rs. 30,000/-. Similarly, ground no.5 concerns enhanced deduction under s.80IB(11A) owing to increase in eligible profits in view of the disallowances 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 disallo....