2012 (5) TMI 716 - AT - Income Tax

Summary

Issues involved: Revenue's appeal against the order of Ld. CIT(A) regarding the disallowance of the Assessee's claim of exemption of Rs. 34,04,680/- u/s.10A of the IT Act for the assessment year 2008-09.

The Appellate Tribunal ITAT Ahmedabad heard the revenue's appeal challenging the Ld. CIT(A)'s order regarding the disallowance of the Assessee's claim of exemption of Rs. 34,04,680/- u/s.10A of the IT Act for the assessment year 2008-09. The revenue contended that the Ld. CIT(A) erred in law and on facts by deleting the disallowance and should have upheld the Assessing Officer's order. The Ld. A.R. supported the Ld. CIT(A)'s decision, citing a previous tribunal order in the assessee's own case for the assessment year 2002-03. This previous order was confirmed by the Hon'ble Gujarat High Court. After considering the submissions and reviewing the orders of the authorities below, the Tribunal found no reason to interfere with the Ld. CIT(A)'s decision, as it was based on the previous tribunal order upheld by the High Court. Consequently, the appeal of the revenue was dismissed, affirming the Ld. CIT(A)'s order.