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Income Tax Appellate Tribunal, BANGALORE BENCH ‘SMC’, BANGALORE
Before: SHRI A.K.GARODIA, ACCOUNANT MEMBER
O R D E R PER A. K. GARODIA, A.M.:
All these four appeals are filed by the revenue. These are directed against four separate orders of learned CIT (A), Davangere all dated 26.02.2016 for A. Y. 2009 – 10 to 2012 – 13 and for the sake of convenience, all these are being disposed of by this common order.
In all these appeals, the only grievance of the revenue is about relief allowed by learned CIT (A) by holding that the assessee is eligible for deduction u/s 80P (2) (a) (i).
Learned DR of the revenue supported the assessment orders.
Learned AR of the assessee supported the orders of CIT (A). He also submitted that learned CIT (A) has followed the judgment of Hon’ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Credit Co Operative Limited vs. ITO in of 2014 Dated 28.10.2014.
I have considered rival submissions. I find that as per the grounds of appeal raised by the revenue, the case of the revenue is this that in two cases, SLP has been filed by the Department in supreme Court against two judgments of Hon’ble Karnataka High Court rendered on similar issue but this is not a case of the department that these judgments of Hon’ble Karnataka High Court are reversed or stayed by Hon’ble Apex Court. No difference in facts also is pointed out by the learned DR of the revenue.
Hence, I find no reason to interfere in the orders of learned CIT (A).
In the result, all the four appeals of the revenue are dismissed.
Order pronounced in the open court on the date mentioned on the caption page.