2019 (8) TMI 161

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.... RESPONDENT: (BY SRI. H.R. KAMBIYAVAR, ADVOCATE)   JUDGMENT ARAVIND KUMAR J., This appeal has been admitted on 30.10.2017 for considering the following substantial question of law: "Whether on the facts and in circumstances of the case, the Tribunal is right in law in dismissing the revenue's appeal on the issue of disallowance of deduction U/sec.10B of the Act without appreciating the....

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.....15, the co-ordinate Bench had observed that "appellant has not made out any substantial questions of law as raised in para 5 of the appeal memorandum". This observation seems to have been made on account of question of law having been already framed not brought to the notice of the Bench. 3. Be that as it may. Order dated 10.10.2018 would disclose that appeal has been heard on merits and dismiss....

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....passed in ITA No.1050/BANG/2012 has allowed the appeal of assessee. In fact it is this order of the tribunal, which was challenged by the revenue in ITA No.100029/2014 and co-ordinate Bench as observed herein above on 10.10.2018, dismissing the appeal by confirming the order passed by the tribunal. The finding so recorded by the coordinate Bench, reads as follows: 9. On appeal filed by the Reven....

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....was also omitted with effect from 01.04.2004. In this view of the matter, the inevitable and appropriate conclusion is that the limitations specified in sub-sections 9 and 9A of Section 10B of the Act do not exist from 1.4.2004 and therefore, the conclusion of the assessing officer that deduction under section 10B of the Act cannot be granted on the merger of firms is not correct. 4. In the light....