THE DCIT.CIRCLE-4(1)(1),, AHMEDABAD vs. M/S. SUZLON STRUCTURES LTD.,, AHMEDABAD

ITA Nos.3502 & 3503/Ahd/2015 are appeals by the Revenue preferred against two separate orders of the Ld. CIT(A)-8, Ahmedabad dated 20.10.2015 pertaining to A.Ys. 2011-12 & 2012-13.

The common grievance of the revenue relates to the allowance of the claim of deduction u/s. 80IA of the Act, though, the quantum may differ.

At the very outset, the ld. counsel for the assessee stated that the impugned issue is squarely covered in favour of the assessee and against the revenue by the order of the Tribunal dated 31,07,2017 pertaining to A.Y. 2010-11.

We find that the First Appellate Authority has followed the orders of his predecessor for earlier assessment years. We find that the Tribunal has allowed the claim in favour of the assessee vide order dated 31.07.2017 in ITA No. 3052/Ahd/2014. The relevant findings of the Co-ordinate Bench read as under:-

In consonance with the beneficial view unequivocally expressed by the CBDT as well as the decision of the Co-ordinate Bench, we hold that provisions of section 80IA(5) would apply only for assessment years immediately succeeding the initial assessment years so opted by the Assessee. We do not find merit in the appeal of the Revenue.