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Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -18, Chennai, dated 31.08.2017 and pertains to assessment year 2013-14.
The only issue arises for consideration is deduction claimed by the assessee under Section 80-IA of the Income-tax Act, 1961 (in short 'the Act').
We heard Shri Hari Govind, the Ld. Departmental Representative and Shri Yashwant Kumar, the Ld. representative for the assessee. The CIT(Appeals) by placing his reliance on the judgment of Madras High Court in the assessee's own case for assessment years 2007-08 and 2010-11, decided the issue in favour of the assessee. The CIT(Appeals) also referred to the judgment of Madras High Court in CIT v. A.L. Logistics Pvt. Ltd. (2015) 374 ITR 609 and also the judgment of Delhi High Court in Container Corporation of India Ltd. v. ACIT (2012) 346 ITR 140.
Since the CIT(Appeals) has followed the binding judgment of jurisdictional High Court in the assessee's own case for assessment years 2007-08 and 2010-11, a mere pendency of appeal before the Apex Court cannot be a reason to take a different view. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
In the result, the appeal filed by the Revenue is dismissed.