2015 (7) TMI 1065

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..... claim of the assessee - Held that:- After hearing both parties, we find that mere pendency of the SLP before the Apex Court cannot be a reason for not following the judgment of the Jurisdictional High Court. It is not in dispute that the judgment of the Jurisdictional High Court is squarely applicable to the facts of the case. Therefore, the CIT(A) has rightly followed the judgment of the Jurisdi .....

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..... l Representative and Shri Dhiraj Raman, Ld. Counsel for the assessee. 4. The Assessing Officer computed deduction u/s 80IA of the Act after adjusting the notional loss brought forward from the year of commencement as against the initial year of claim. The assessee claimed that the notional loss brought forward cannot be adjusted for claiming deduction u/s 80IA of the Act. The Assessing Officer .....

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..... he case. Therefore, the CIT(A) has rightly followed the judgment of the Jurisdictional High Court and allowed the claim of the assessee. This Tribunal do not find any infirmity in the order of the CIT(A) and accordingly, the same is confirmed. 6. In the result, the appeal of the Revenue stands dismissed. Order pronounced in the open court on 31st of July, 2015, at Chennai. - - TaxTMI - T .....

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