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Income Tax Appellate Tribunal, “I” Bench, Mumbai
Before: Shri B.R. Baskaran (AM)& Sandeep Gosain (JM)
O R D E R Per B.R. Baskaran (AM) :-
The appeal filed by the assessee is directed against the order dated 2.3.2015 passed by the learned CIT(A) -24, Mumbai for A.Y. 2010-11 upholding the rejection of deduction claimed u/s. 80IB(10) of the Act.
Learned counsel appearing for the assessee submitted that an identical issue was heard by the SMC Bench of the ITAT in relating to A.Y. 2009-10 and the SMC Bench has restored the matter back to the file of the learned CIT(A), since the first appellate authority had disposed of the appeal relating to A.Y. 2009-10 without disposing of the appeal relating to A.Y. 2008-09. Learned AR submitted that the decision that may be taken by Ld CIT(A) in A.Y. 2008-09 would have impact in A.Y. 2009-10 and 2010-11 also. Further, he submitted that the learned CIT(A) has disposed of the appeal without properly hearing the assessee. Under these set of facts, he prayed that the issues urged in this appeal may also be set aside to the file of the learned
2 M/s. High Class Builders Pvt. Ltd.
CIT(A) for disposing them along with the appeals relating to A.Y. 2008-09 & 2009-10.
We have heard learned Departmental Representative and perused the record. Having regard to the submissions made, we find merit in the prayer of the assessee. Accordingly, we set aside the order passed by the learned CIT(A) and restore the same to his file with identical directions issued by the SMC Bench of the Tribunal in assessee’s own case relating to A.Y. 2009-10 (referred supra)
In the result, appeal filed by the assessee is treated as allowed for statistical purposes. Order has been pronounced in the Court on 13.2.2017.