2025 (11) TMI 1588

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....in both appeals identical ground has been raised by the Revenue, these appeals are taken up together for adjudication and are decided by this common order. ITA No. 1833/DEL/2019 for AY 2013-14 3. The Revenue in appeal has assailed the order of CIT(A) on following grounds: "1. On the facts and in the circumstances, the Ld. CIT(A) has erred in deleting the additions made by the AO u/s 80IA (4)(iii) of the Act amounting to Rs. 47,10,734/-without appreciating the facts mentioned by the A.O. in assessment and without considering the facts that the impugned issue is pending for adjudication before the Hon'ble in preceding years i.e. in A.Y.s 2011-12 and 2012-13. 2. On the facts and in the circumstances, the Ld. CIT(A) ....

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....ied by the Revenue till Hon'ble Delhi High Court. The Hon'ble High Court in ITA No. 354/2023 for AY 2015-16 vide order dated 10.07.2023 has dismissed appeal of the Revenue. 5. Ms. Harpreet Kaur Hansra, representing the department supported the assessment order. However, the ld. DR fairly stated that in the preceding assessment years both issues have been considered by the Tribunal. 6. Both sides heard, orders of the authorities below examined. The assessee's claim of deduction u/s. 80IA(4) of the Act has been disallowed by the AO on the presumption that the assessee is not carrying out any activity of operating and maintaining IT Parks, hence, is not an eligible "undertaking" as defined under the Industrial Park Scheme 2002. The asses....

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.... the assessment year 2010-11 also. In this year also, Ld. CIT(A) granted relief to the assessee by following this consistent view taken in assessee's own case for the earlier assessment years by his predecessor as well as the higher fora, namely, the Tribunal and the Hon'ble High Court. 9. Both the authorities below recorded a finding that the facts are similar for this year also as those are for the assessment years 2005-06 to 2011-12. In these circumstances we are of the considered opinion that in the absence of any compelling changed circumstances, the consistent view taken in assessee's own case for the earlier years are not be disturbed. While respectfully following the same, we hold the issue in favour of the assessee and ret....

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....ase, any substantial question of law arises for our consideration? 13. As noticed above, consistently, over the period spanning between AY 2005-06 and AY 2011-12, interest paid by the respondent/assessee to the bank has been allowed as expenditure under the provisions of Section 36(1)(iii) of the Act. 13.1 The odd years are AY 2012-13, 2013-14, 2014-15 and 2015-16. The CIT(A), however, made a course-correction by reversing the view of the AO even for those years. The Tribunal has sustained the view taken by CIT(A) in AY 2015-16, which is the AY under consideration in the instant appeal lodged before us. 14. Given this backdrop, the moot point which arises for consideration is, twofold. 15.1 First, does the respond....