2022 (8) TMI 1426

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....ssee is a company stated to be engaged in the business of warehouse management at IGI Airport, New Delhi. Assessee filed its return of income for A.Y. 2017-18 on 29.11.2017 declaring income of Rs.1,82,82,970/-. The case was selected for scrutiny and thereafter assessment was framed u/s 143(3) of the Act vide order dated 28.12.2019 and the total income was determined at Rs.17,76,52,651/-. Aggrieved by the order of AO, assessee carried the matter before CIT(A), who vide order dated 03.09.2020 in Appeal No.10652/19-20 allowed the appeal of the assessee. Aggrieved by the order of CIT(A), Revenue is now in appeal and has raised the following grounds: "1. On the fact the circumstances of the case, whether the Ld CIT(A) has erred on facts....

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....minal and the common area and to operate, manage and maintain the same for rendering the cargo services and thus assessee being eligible for claiming deduction u/s 80IA of the Act had claimed the deduction u/s 80IA of the Act. It was further submitted that the deduction has been claimed by assessee from A.Y. 2011-12. The submissions of the assessee was not found acceptable to AO. According to AO, for getting a benefit of deduction u/s 80IA of the Act, it was a pre-requisite that the entity should have entered into an agreement with a statutory authority to carry out prescribed activities in an eligible business. In the case of the assessee, AO noted that 'DIAL' signed an 'OMDA' with the Airport Authority of India Ltd., which authorized 'DIA....

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....ue in assessee's own case, the Tribunal for A.Ys. 2011-12 & 2012-13 has allowed the claim of deduction. She further submitted that since the facts of the case in the year under consideration are identical to that of earlier year, the ground of Revenue be dismissed. 7. We have heard the rival submissions and perused the material available on record. The issue in the present ground is with respect to the allowability of claim of deduction u/s 80IA of the Act which is denied by AO but allowed by CIT(A). We find that CIT(A) in his order has reproduced the findings of Co-ordinate Bench of Tribunal in assessee's own case for A.Ys. 2011-12 & 2012-13 wherein it was held that assessee was eligible for deduction u/s 80IA(4) of the Act. He has furt....