2020 (3) TMI 230

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.... Swati Soparkar for the Opponent COMMON ORAL ORDER PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA 1. These tax appeals under Section 260A of the Income Tax Act, 1961 (for short "the Act, 1961") are at the instance of the Revenue and is directed against the common order dated 22^nd December, 2006 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench "A", Ahmedabad in the ITA No.1269/....

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....o.1359 of 2008 is treated as the lead matter. 4.1 The respondent-assessee had filed its return of income on 13th November, 1995 for the A.Y.1995-96, declaring total income at Rs. 9,53,140/-. In the said return of income, the assessee had claimed deduction under Section 80IA of the Act, 1961 at Rs. 3,22,05,867/-. During the assessment proceedings, the assessee submitted a revised claim of deduct....

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....ssessing Officer passed a fresh assessment order under Section 143(3) read with Section 250, of the Act on 28th March, 2002, thereby again rejected the revised claim of deduction made by the assessee. 4.6 The assessee went in appeal before the CIT (A). The CIT (A) by an order dated 15th January, 2003 directed the Assessing Officer to accept the revised working. 4.7 The Revenue, being dissati....

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.... the Assessing Officer was at Rs. 322.05 Lakhs. The Tribunal also considered that even the CIT (A) has also allowed the revised claim of deduction made by the assessee under Section 80IA of the Act, 1961 at Rs. 630.35 Lakhs keeping in mind the fact that the income of the assessee prior to deduction under Section 80IA of the Act was Rs. 314.84/-. Lakhs. Therefore, the issue of revised claim made by....