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Income Tax Appellate Tribunal, BANGALORE BENCHES “ A ” BENCH: BANGALORE
Before: SHRI A.K. GARODIA & SHRI PAVAN KUMAR GADALE
O R D E R
PER SHRI PAVAN KUMAR GADALE, JM :
The revenue has filed an appeal against the order of Commissioner of Income Tax (Appeals)-12, Hubli passed under Section 143(3) and 250 of the Income Tax Act, 1961 ('the Act').
The revenue has raised the following grounds of appeal :
The Brief facts of the case are. the assessee company is engaged in the business of transportation of goods, courier service, passenger travel and wind power generation of electricity and filed the return of income for the Assessment Year 2014-15 on 26.09.2014. Subsequently, Revised Return was filed declaring
Rs.40,41,69,090/-,and the case was selected for scrutiny, and Notice under Section 143(2) and 142(1) of the Act were issued. In compliance, the learned Authorized Representative appeared from time to time and the case was discussed Whereas,the assessing officer find that the assessee has claimed deduction under Section 80IA of the Act and verified the Audit Report in respect of deduction. But,the Assessing Officer has denied the deduction under Section 80IA of the Act on the Carbon Credit receipts and passed the order under Section 143(3) of the Act dt.30.12.2016. Aggrieved by the order, the assessee has filed an appeal with the CIT(Appeals). Whereas, the CIT(Appeals) considering the grounds of appeal
, findings of the Assessing Officer and submissions of the assessee, relying on the decision of co-ordinate bench of the Tribunal in assessee own case (ITA No.2783/Bang/2017 Dt.5.9.2018) has granted relief and allowed the appeal of the assessee.Aggrieved by the order of CIT(Appeals), the revenue has filed appeal before the Tribunal.
4. At the time of hearing, the ld. DR submitted that the CIT (Appeals) has erred in granting relief irrespective of the fact that the decision relied on by the CIT (Appeals) has been challenged at higher forums by the revenue. Whereas the learned Authorized Representative supported the orders of the CIT(Appeals) relying on the assessee own case for the A.Y. 2013-14.We found the Ld
CIT(Appeals) has dealt on the disputed issue at page 3 paras 5 & 6 of the order and granted relief which is read as under :
The learned Departmental Representative could not controvert the observations of the CIT(Appeals) with any new or cogent material.Accordingly, we are not inclined to interfere with the order of CIT(Appeals) and uphold the same and dismissed the grounds of appeal of revenue.
In the result, the Revenue’s appeal is dismissed.
Pronounced in the open court on the date mentioned on the caption page.