M/S. ANAND FOOD & DAIRY PRODUCTS,ANAND vs. THE DY. COMMISSIONER OF INCOME TAX, ANAND CIRCLE, ANAND

Sole grievance of the assessee is that the ld.CIT(A) has erred in confirming disallowance of deduction claimed under section 80IB(11A) of the Act. The ld.counsel for the assessee at the very submitted that the issue in dispute is covered against the assessee by order of the ITAT passed in for the Asstt.Year 2012-13.

The short controversy involved in this case is regarding determination of initial year from which it could be construed that the assessee entitled for deduction under section 80IA. As per the assessee, the initial year for grant of deduction was assessment year 2005-06, whereas the Revenue authorities took initial year as assessment year 2002-03. The deduction admittedly was admissible for 10 consecutive years from the initial year. In the Asstt.Year 2012-13 Tribunal has held such deduction as admissible upto Asstt.Year 2011-12. Present year is assessment year 2014-15, which is beyond period of 10 years. Therefore, in this year also deduction is not admissible to the assessee. The ld.Revenue authorities have rightly disentitled the assessee for claiming deduction under section 80IB. It is also pertinent to observe that appeal of the assessee is time barred by six days, and no application for condonation of delay. We do not find any merit in this appeal. It is dismissed.

In the result, appeal of the assessee is dismissed. Pronounced in the Open Court on 13th January, 2020