ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1, , KOLHAPUR vs. MAHALAXMI INFRAPROJECTS LTD,, KOLHAPUR

Heard both the parties. Case file perused.

Coming to the Revenue’s sole substantive grievance that the CIT(A) has erred in law and on facts in reversing the Assessing Officer’s action making section 80IA(4) disallowance of Rs.13,38,67,123/-, we find that the CIT(A) has deleted the disallowance in para-5 of his order observes that a similar issue had arisen between the parties, for assessment years 2004-05 to 2 ITA.No.998/PUN/2019 Mahalaxmi Infraprojects Ltd., Kolhapur. 2010-11 wherein the erstwhile CIT(A), Kolhapur’s order dated 30.10.2012 allowed the very claim of the taxpayer, against which, the department has filed an appeal before the tribunal. Learned coordinate bench’s order dated 17.01.2018 in ITA.Nos.142 to 147/PUN/2016 for assessment years 2007-08 to 2013-14 and vide order dated 30.07.2018 in ITA.No.2169/Pun/2016, has upheld the order of the CIT(A) in deleting the disallowance of claim u/s.80IA4(i) of the Act. Since the facts and circumstances of the case are identical for the impugned assessment year 2016-17 under appeal, the CIT(A) respectfully followed this tribunal’s decision in assessee’s own case for the preceding assessment years for deleting the addition of Rs.13,38,67,123/- made u/s.80IA(4) of the Act.

We have given our thoughtful consideration to the vehement rival stands and find no substance in Revenue’s arguments. It emerges during the course of hearing that Revenue had filed its identical appeals in assessment years 2011-12, 2012- 13, 2013-14 and 2014-15 as well regarding the very projects executed by the assessee which stood rejected in various learned coordinate benches orders. We further invited the Revenue’s attention to the assessment discussion in pages 2 and 4 that assessee has been claiming all these deductions pertaining to eight projects right from the assessment year 2005-06. And also that the Assessing Officer made it clear in his discussion that he had disallowed the assessee’s claim only for keeping the issue alive before the hon’ble jurisdictional high court. Faced with the 3 ITA.No.998/PUN/2019 Mahalaxmi Infraprojects Ltd., Kolhapur. situation, we adopt judicial consistency to reject the Revenue’s instant sole substantive grievance. Ordered accordingly.

This Revenue’s appeal is dismissed in above terms.