2018 (5) TMI 1926

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....ue : Mr. T.A. Khan, DR ORDER PER N.K. PRADHAN, AM This is an appeal filed by the assessee. The relevant assessment year is 2012-13. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-17, Mumbai [in short 'CIT(A)']and arises out of the assessment completed u/s 143(3) of the Income Tax Act 1961, (the 'Act'). 2. The grounds of appeals filed by the assesse....

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....inst the assessee by the decision of the Hon'ble Supreme Court in assessee's own case i.e. Plastiblends India Ltd. v. Additional CIT (2017) 86 taxmann.com 137 (SC). The Ld. DR relies on the above decision. 4. We have heard the rival submissions and perused the relevant materials on record. In the above decision, it has been held that quantum of deduction under section 80-IA is not dependent upo....

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....ance of Rs. 10,62,713/- after giving credit of Rs. 32,341/- offered by the assessee. 6. In appeal, the Ld. CIT(A) restricted the disallowance to Rs. 1,60,194/- [Rs. 1,92,535/- disallowed by the AO under Rule 8D(2)(iii) minus Rs. 32,341/- offered by the assessee]. 7. We find that the ITAT 'C' Bench, Mumbai in assessee's own case for the AY 2008-09 (ITA No. 4080/Mum/2012) has upheld similar di....