ITO-27(3)(1), MUMBAI, MUMBAI vs. M/S VIRAL INDUSTRIES, MUMBAI

ITA 1912/MUM/2026Status: DisposedITAT Mumbai23 June 2026AY 2015-164 pages
AI SummaryDismissed

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of disallowance of deduction under Section 80IB. The CIT(A) had allowed the deduction based on previous orders in the assessee's own case for other assessment years.

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s order, noting that the deduction under Section 80IB(4) had been allowed for the first year and subsequently upheld by the Tribunal for a later year. Therefore, it could not be disallowed in the current assessment year.

What were the issues?

Whether the disallowance of deduction under Section 80IB was justified when the same was allowed in previous years and upheld by the Tribunal. Whether the assessee fulfilled the conditions for claiming deduction under Section 80IB.

Which sections of the Income-tax Act were involved?

Section 80IB,Section 80AB

AI-generated summary — verify with the full judgment below

IN THE INCOME TAX APPELLATE TRIBUNAL“F” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER (Physical Hearing) ITO – 27(3)(1), Mumbai M/s. Viral Industries Room No. 422, 4th Floor, Tower No. Vs A-1, New Chandrodaya Co-op, HSG, 6, Vrsccl Complex Vashi Railway SOC 152, Bhanushali Lane, Station, Mumbai – 400703. Ghatkopar East, Mumbai – 400077. [PAN: AAFFV1645R] Appellant / Revenue Respondent / Assessee Assessee by Shri Bhavani Shukla,CA Revenue by Shri Vibhor Badoni, Sr. DR Date of Institution 23.02.2026 Date of hearing 23.06.2026 Date of pronouncement 23.06.2026 Order under section 254(1) of Income Tax Act

PER PAWAN SINGH, JUDICIAL MEMBER:

1.

This appeal by Revenue is directed against the order of ld. CIT(A)/NFAC, Delhi dated 28.11.2025 for Assessment Year (AY) 2013-14. The Revenue has raised following grounds of appeal:

“1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A), NFAC erred in deleting the disallowance of deduction u/s 80IB amounting to Rs. 2,41,39,151/- made by the Assessing Officer without properly appreciating the facts brought on record during the assessment proceedings.

2.

The Ld. CIT(A), NFAC e

The order continues below.

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