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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL
Before: SHRI G.D. AGRAWALG.D. AGRAWAL & AND BEFORE SHRI G.D. AGRAWALG.D. AGRAWAL & AND SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARGSHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG
PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP :- PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP This appeal by the assessee for the assessment year 2010-11 is directed against the order of learned CIT(A)-II, Dehradun dated 25th July, 2013.
The only ground raised by the assessee in this appeal is the allowability of claim of deduction under Section 80-IC of the Income-tax Act, 1961 amounting to `54,33,603/-, which has been rejected by the authorities below.
At the time of hearing before us, it was pointed out by the learned counsel that Hon'ble Jurisdictional High Court has considered similar matter in judgment dated 16th June, 2016 in of 2012 and others in the case of CIT, Dehradun Vs. M/s Aanchal Hotels Pvt.Ltd.
2 ITA-5609/Del/2013 and has set aside the matter to the file of the Assessing Officer for re- examination in the light of guidelines given by their Lordships.
In view of the above, we deem it proper to set aside the orders of authorities below and restore the matter to the file of the Assessing Officer and direct him to re-examine the issue in the light of judgment of Hon'ble Jurisdictional High Court in the case of M/s Aanchal Hotels Pvt.Ltd. (supra). Needless to mention that he will allow adequate opportunity of being heard to the assessee.
In the result, the appeal of the assessee is deemed to be allowed for statistical purposes. Decision pronounced in the open Court on 28.11.2016.