2020 (12) TMI 346

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....al dated 11/09/2019 passed in ITA No.1002/Ahd/2006 for AY 2000-01. 2. It is pleaded in the application by the assessee that assessee had claimed deduction u/s.80-IA of the Income Tax Act, 1961 amounting to Rs. 13,64,48,850/- on the profits derived from Trikampura Division. This deduction was disallowed to the assessee by the Assessing Officer and ultimately issue travelled to the Tribunal in ITA No.1002/Ahd/2006. Vide order dated 24/04/2006, the Tribunal has confirmed the disallowance by following its decision in ITA Nos.541 & 558/Ahd/2005 passed for Asstt.Year 2001-02. Dissatisfied with this order of the Tribunal, assessee has filed a miscellaneous application bearing No.73/Ahd/2015. This application of the assessee was allowed by the T....

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....nate benches in cases of the assessee and group entities. The arguments raised before us on merits, in this light, need not be adjudicated upon, as the issue is no longer res Integra. In view of this agreed position, we uphold the plea of the assessee and direct the Assessing Officer to allow the claim in question." Respectfully following the decision of Co-ordinate Bench on the similar issue and identical facts as cited above, this ground of appeal of the assessee is allowed. In the light of the above, the appeal of the assessee is partly allowed." 4. The ld.counsel for the assessee further took us through the details tabulated in the miscellaneous application on page Nos.2 & 3. We deem it appropriate to take note of this submi....

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....nt Asst.Year: 2000-01 at appellate level. Thus, the ground regarding claim of deduction u/s.80IA of the I.T. Act on the profits derived from Trikampura Division for Asst.Year: 200-01 may be adjudicated afresh against order in ITA No.1002/Ahd/2006. Taking into account the averments made in this petition, it is respectfully submitted that after hearing both the sides, appropriate order may be passed thereon, for which act of kindness, the Appellant shall remain grateful." 5. Both the Learned Representatives have submitted before us that while adjudicating the issue, the Tribunal has made reference to the decision of Munjal Auto Industries and the order of the Co-ordinate Bench in ITA No. 558/Ahd/2005 for AY 2001-02. Somehow, the r....