2010 (4) TMI 1099

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..... ember) This is an appeal filed by the Revenue against the order of CIT(A) dated 4.11.2009 for the AY 2006-07, wherein Revenue is aggrieved for allowing deduction to the assessee u/s 80IB of the IT Act. 2. At the outset, learned AR placed on record the order of ITAT in assessee's own case for the immediately preceding AY 2005-06, wherein exactly similar issue was dealt with by the Tribunal. 3. W .....

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..... rpose. In the instant case, assessee firm was engaged in manufacture of electronic durables in proprietorship capacity. However, the constitution of the assessee firm change by admission of a partner therein. The claim of deduction u/s 80IB was filed by the assessee partnership firm in AY 2005-06 which was declined by the AO on the plea that there was transfer of plant and machinery already in use .....

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..... ing period of its eligibility." 4. As the facts and circumstances during the year under consideration are in pari-materia, respectfully following the order of the Tribunal in assessee's own case as well as the finding recorded by the CIT(A), we do not find any infirmity in the order of CIT(A). 5. In the result, the appeal of the Revenue is dismissed. Decision pronounced in the open Court on 1st .....

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