2022 (10) TMI 459

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...., AM: 01. This appeal is filed by the Dy. Commissioner of Income Tax-26(1), Mumbai against the order of National Faceless Appeal Centre [the learned CIT (A)] for A.Y. 2008-09 passed on 15thSeptember 2021 raising solitary grounds of appeal against allowing the claim under Section 80IB of the Income-tax Act, 1961 (the Act). 02. The brief fact of the case shows that the assessee is a company en....

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....ase of the assessee was reopened for this year. In response to notice under Section 148 of the Act, assessee reiterated the original return filed. 03. Assessee was questioned about the claim of deduction under Section 80IB (10) of the Act in respect of Housing Project at Poisar. The learned Assessing Officer found that. i. Commencement certificate furnished, which was issued on 14thJan....

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....case. The learned CIT (A) noted that this issue has already been decided by the co-ordinate Bench as per order dated 23rdFebruary 2017 in ITA No.6108/Mum/2014 for A.Y. 2006-07. He therefore held that as the very foundation for initiation of action under Section 147 of the Act for A.Y. 2008-09 was passed on facts and findings for A.Y. 2006-07 which after the decision of the co-ordinate Bench ceased....

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....ces of the case and in law, though the mandatory details required for deduction under Section 80IB was not provided in audit report in Form No.10CCB." 07. The learned Assessing Officer has not challenged the order of the learned CIT (A), wherein reopening of the assessment proceedings is quashed. The learned Assessing Officer has challenged the order only on the merits of disallowance of deduct....