ACIT 9(1), MUMBAI vs. DESSAN AGROTECH LTD, MUMBAI
In the result, both the appeals filed by the revenue are dismissed
ITA 7754/MUM/2011[2003-04]Status: DisposedITAT Mumbai09 Oct 2015AY 2003-04
Bench: S/Shri B.R.Baskaran, Am & Amarjit Singh, Jm आमकय अऩीर सं./I.T.A. No.1363 /Mum/2012 & Ita No.7754/Mum/2011 (ननधधायण वषा / Assessment Years: 2004-05 & 2005-06) The Asstt. Commissioner Of बनाम/ M/S Deesan Agrotech Limited, Income Tax, Range 9(1), 4A, Vikas Centre, 104, Vs. Room No.223, S V Road, Aayakar Bhavan, Santacruz(W), M K Road, Mumbai-400054 Mumbai-400020 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..
Section 143(3)Section 80I
…taking stand admitted and the deduction allowed, in subsequent years the claim cannot be varied to the detriment of the undertaking. In this regard, reference is made to the decision of the Hon’ble ITAT Chandigarh 'A' Bench in Micro Instrument Co.Vs. ITA 2008 12 DTR 501. It has been held by the Hon'ble Tribunal that once the relief under s. 80IB has been allowed to the assessee in the initial year then it is not open to examine the veracity of the relief in the subsequent years especially when the relief allowed in the initial year has not been disturbed. As per the decision of the Hon’ble Tribunal, when in initi…