2018 (4) TMI 1821

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.... of the case and in law, the Id CIT(A) has erred in allowing the deduction u/s 80IA(4)(iii) of the I.T. Act, 1961, when there was no notification at the time of completion of the assessment. (The notification at the time of completion of the assessement. (The notification no.209/2007/F.NO.178/78/2007-ITA-I of CBDT has been actuality issued on 03/07/2007). 2. Whether on the facts and in the circumstances of the case and in law, the Ld CIT(A) has erred in holding that the assessee is eligible for deduction u/s 80IA(4)(iii) of the I.T. Act, 1961 though the specific condition in the notification pertaining to the assessee regarding the number of units was not fulfilled. 3. Whether on the facts and in the circumstances of the c....

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....since 31.03.2010 only, 16 units were operational. 11. For the facts and such other reasons as may be urged at the time of hearing, the order of the Ld. Commissioner of (Appeals), Pune may be vacated and that of the Assessing Officer be restored. 3. The Revenue is in appeal against the order of CIT(A) in holding the assessee to be eligible for deduction under section 80IA(4)(iii) of the Act. 4. The learned Authorized Representative for the assessee pointed out that the issue raised in the present appeal has been decided in favour of assessee for several assessment years starting from assessment year 2005-06. 5. The learned Departmental Representative for the Revenue on the other hand, stressed that the issue was decided by ....

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....f Hon'ble Bombay High Court in view of declaration filed by the assessee under section 158A(1) of the Act. Meanwhile, the assessment order under section 143(3) of the Act was completed for assessment year 2005-06 on 28.12.2007. The copy of said order is placed at pages 112 to 118 of the Paper Book. The Assessing Officer notes that the undertaking had to be approved by the Ministry of Commerce & Industries in the Central Government. The terms and conditions of the scheme were amended and the assessee had complied with all conditions in assessment year 2005-06, relating to notification of CBDT for the first time. The Assessing Officer vide para 5 also notes the records for assessment years 2003-04 and 2004-05. Since the assessee had satisfied....

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....income eligible for deduction under section 80IA(4)(iii) of the Act as part of its submissions, which are reproduced at page 3 of appellate order. The CIT(A) in view of submissions of assessee and in view of allowing the claim of assessee in earlier years, allowed deduction under section 80IA(4)(iii) of the Act. The relevant findings of CIT(A) are in para 6.3 which is being referred to, but not being reproduced for the sake of brevity. In the totality of the above said facts and circumstances, where the learned Departmental Representative for the Revenue has failed to controvert the findings of CIT(A) in para 6.3 and in view of evidences filed by the assessee in audit report in form No.10CCB, we hold that the assessee is entitled to claim t....