2012 (2) TMI 665 - AT - Income Tax

Summary

Issues involved: Disallowance of deduction u/s. 80IB(11A) of the Income-tax Act, 1961 for A.Y. 2006-07.

Summary:
The appellant's grievance was regarding the disallowance of deduction u/s. 80IB(11A) for income derived from Anjali Warehouse and Balemia Warehouse. The Assessing Officer rejected the claim stating lack of evidence for handling and transportation in addition to storage. The CIT(A) upheld this decision, leading to the appeal. The Tribunal noted that the claim had been allowed in previous assessment years without valid reasons for disallowance in the current year. Citing precedents, the Tribunal emphasized that once a claim is accepted, it cannot be arbitrarily disallowed in subsequent years. Relying on case law, the Tribunal held that the claim under s. 80IB should be allowed, as the past acceptance of the claim was not disturbed. Consequently, the appeal was allowed, and the assessee's claim u/s. 80IB(11A) was upheld for the assessment year in question.

Judgment Highlights:
- The appellant's claim for deduction u/s. 80IB(11A) was rejected due to lack of evidence for handling and transportation in addition to storage.
- The Tribunal emphasized that a claim allowed in previous assessment years cannot be disallowed without valid reasons or changes in circumstances.
- Citing relevant case law, the Tribunal held that the claim under s. 80IB should be allowed based on past acceptance and lack of justification for disallowance.
- The Tribunal allowed the appeal, upholding the assessee's claim u/s. 80IB(11A) for the assessment year in question.