2024 (8) TMI 870

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....separate orders of learned Commissioner of Income Tax (Appeals). Since, these appeals relate to the same assessee involving identical issues, they have been clubbed together and disposed of in a consolidated order for the sake of convenience. 2. The only substantive issue involved in these appeals relate to disallowance of assessee's claim of deduction under section 80IC of the Income-tax Act, 1961 (in short 'the Act'). 3. Briefly the facts are, the assessee is a Hindu Undivided Family (HUF). As stated by the Assessing Officer, the assessee is engaged in the business of trading in all kinds of pipes. Besides, the assessee is also engaged in manufacturing of waste disposal bins for onward sales to various Government agencies and munici....

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....tion 80IC of the Act. Being aggrieved with such disallowances, assessee preferred appeals before learned first appellate authority. However, learned first appellate authority confirmed the disallowances in assessment years 2011-12, 2012-13 and 2014- 15. Whereas, he allowed the claim in assessment year 2010-11. 4. Before us, learned counsel appearing for the assessee submitted that while deciding the issue in assessment year 2014- 15, though, learned first appellate authority has confirmed the disallowances, however, while deciding assessee's appeal contesting such disallowance, the Tribunal in ITA No. 507/Del/2019, dated 02.06.2020 has allowed assessee's claim of deduction under section 80IC of the Act. He submitted, since, the disallowa....

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.... on merits following the decision of the Tribunal in assessment year 2014-15. Thus, he submitted, the issue is squarely covered by the decision of the Tribunal. 7. We have considered rival submissions and perused the materials on record. Undisputedly, the assessee has started claiming deduction under section 80IC of the Act for Unit III from assessment year 2010-11 onwards. It is a fact on record that assessee's claim of deduction under section 80IC of the Act was allowed in assessment years 2010-11, 2011-12, 2012-13 and 2013-14. In fact, assessment for assessment year 2010-11, the initial assessment year, was completed under section 143(3) of the Act after thoroughly examining the claim of deduction under section 80IC of the Act. While ....

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....r 2010-11, learned first appellate authority not only held the reopening of assessment under section 147 of the Act to be invalid as it was on a mere change of opinion, but he also decided the issue on merits following the decision of the Tribunal in assessment year 2014- 15. 9. The facts discussed above clearly establish that all the assessment years under appeal, factually, stand on identical footing. Therefore, the contention of learned Departmental Representative that the assessment order for assessment year 2010-11 was not considered by the Tribunal while deciding the appeal for assessment year 2014-15, in our view, is irrelevant and immaterial. Moreso, considering the fact that in the reassessment order for assessment year 2010-11,....