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Income Tax Appellate Tribunal, MUMBAI BENCH “J”, MUMBAI
Before: SHRI G.S.PANNU & SHRI SANJAY GARG
The captioned appeal filed by the Revenue pertaining to assessment year 2011-12 is directed against an order passed by CIT(A)-20, Mumbai dated 16/09/2014, which in turn arises out of an order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dated 09/01/2014.
(Assessment Year : 2011-12) 2. In this appeal, the solitary issue relates to the action of the Assessing Officer in denying assessee’s claim of deduction under section 80IB of the Act amounting to Rs.49,65,220/-. The Assessing Officer noticed that though in the assessee’s own case, the Hon'ble Bombay High Court had allowed the claim of the assessee in earlier year in the case reported in 339 ITR 491 (Bom), but he disallowed the claim in this year also because the SLP filed by the Department before the Hon'ble Supreme Court is pending. The CIT(A) did not find it justifiable to sustain the disallowance in view of the prevailing judgement of the Hon'ble Bombay High Court in the assessee’s own case.
Before us, the Ld. Representative for the respondent assessee pointed out that subsequent to the decision of the CIT(A), the Hon'ble Supreme Court has since dismissed the SLP filed by the Department vide its order dated 28/04/2015, a copy of which has been placed on record.
In view of the above factual matrix, we find no justification in the appeal of the Revenue, which is hereby dismissed.
In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 22/06/2016