2019 (4) TMI 1727

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....r section 143 (3) read with section 263 dated 08.12.2016 of Income Tax Act,1961 (in short 'the Act') by the Deputy Commissioner of Income-Tax, Circle - 2(1)(2) Vadodara (in short "the AO"). 2. The grounds of appeal raised by the Revenue are as under:  "1.1That in the facts and circumstances of the case, and in law, Ld. CIT(A) erred in directing the AO to allow the assessee weighted deduction u/s. 35(2AB) even though the required conditions are not fulfilled. 1.2 That in the facts and circumstances of the case, and in law, Ld. CIT(A) erred in directing theAO to allow the assessee weighted deduction u/s. 35(2AB) on the basis of the order dated. 22.12.2016 of the Hon'ble ITAT, without considering that this order had been set aside....

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....014. Subsequently, Pr. CIT -2 Vadodara passed an order under section 263 dtd. 28.03.2016 and set-aside the aforesaid assessment holding that weighted deduction of Rs. 237,77,05,310 was wrongly allowed. Consequently, assessment was made on 08.12.2016 by disallowing the above claim made under section 35(2A) in assessment order under section 143 (3) read with section 263 of the Act. 4. Being aggrieved, the assessee filed an appeal before the ld. CIT (A). Before whom the assessee has filed an order of Tribunal in I.T.A.No. 1390/Ahd/2016 A.Y. 2009-10 dated 22.12.2016 by which disallowance proposed by the Pr. CIT -2 Vadodara was allowed. The CIT (A) held that since the order under section 263 was not quashed by the tribunal hence, Ground No. re....