2025 (1) TMI 1341

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....ssment Years ('A.Y.' for short) 2012-2013 to 2018-19. 2. As the facts are identical in all these appeals, we hereby dispose of these appeals by passing a consolidated order by taking ITA No. 4926/Mum/2024 as a lead case, pertaining to A.Y. 2018-19. It is also observed that the revenue has filed these appeals belatedly with a delay of 2 days beyond the period of limitation for which an application for condoning the delay has been filed. Upon perusal of the same, we deem it fit to condone the said delay as there being 'sufficient cause' for the delay. Delay condoned. 3. The revenue has raised the grounds challenging the order of the ld. CIT(A) in allowing deduction claimed u/s. 80IA(4)(iii) of the Act which according to the revenue is n....

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....3(3) r.w.s. 153A of the Act. The ld. AO passed the assessment order dated 27.12.2019 u/s. 143(3) of the Act determining total income at Rs. 139,72,96,970/- after making addition/disallowance u/s. 80IA(4)(iii) of the Act amounting to Rs. 53,45,96,631/- on the ground that the ld. AO has disallowed the said deduction in the scrutiny assessment for A.Y. 2014-15 and since the matter was pending before the appellate authority, the ld. AO proceeded to disallow the same for taking a consistent view. 6. Aggrieved the assessee was in appeal before the first appellate authority, who vide consolidated order dated 24.07.2024 had allowed the assessee's appeal on the ground that the Tribunal in assessee's case for A.Y. 2010-11 in ITA No. 1774/Hyd/2014 ....

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....ry of Commerce and Industry. The ld. AR further iterated that the assessee has complied with all the norms required for undertaking the said project as per the terms and conditions prescribed by the Government of India. The ld. AR stated that the said income is classified as 'business income' which is eligible for claiming deduction u/s. 80IA(4)(iii) of the Act. The ld. AR relied on the decisions of the coordinate bench for earlier years. 10. We have heard the rival submissions and perused the materials available on record. The only moot issue that requires adjudication in this present appeal is whether the assessee is eligible to claim deduction u/s. 80IA(4)(iii) of the Act, for which it is essential to determine whether the said income....

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....on the same. It is observed that the assessee in A.Y. 2006-07 to 2009-10 in ITA No. 1038, 1039 & 1040/Hyd/2014, order dated 07.11.2014 has assessed the rental income under the head 'income from house property' and services income under the head of 'profit and gains of business or profession'. The ld. PCIT had invoked the revisionary powers for the purpose of treating the rental income to be income under the head 'profit and gains of business or profession' by relying on various decisions. The same was contested by the assessee and the Tribunal quashed the order passed u/s. 263 but had not given any finding as whether the income is to be assessed under the head 'business income or income from house property'. Subsequently, for A.Y. 2010-11 i....