2010 (9) TMI 1100

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..... ORDER Per D. Manmohan, VP:- All these appeals are filed at the instance of revenue and the main issue is with regard to eligibility to claim deduction u/s. 35(2AB) of the Income Tax Act, 1961. 2. In the appeal for A.Y. 2002-03 and 2004-05, the revenue has also challenged the order of learned CIT(A) with regard to correctness of quashing the reopening proceedings. 3. At the time o .....

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..... l was disposed of by order dated 20.8.2010, wherein the Bench passed a detailed order to hold that the assessee is eligible to claim deduction u/s. 35(2AB) of the Act. Placing reliance upon the aforecited decision, learned counsel for the assessee submits that no case was made out by the Revenue even for the earlier years and thus strongly supported the orders passed by learned CIT(A). It may be n .....

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..... line of the decision of ITAT (supra). 6. We have carefully considered the rival submissions and perused the record. Having regard to the rival submissions and also consistent with the view taken by ITAT in assessee s own case in A.Y. 2005-06, we uphold the orders passed by learned CIT(A) and dismiss the appeals filed by the revenue. Pronounced accordingly in the open court on this 24th day .....

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