9911796707
TMI Blog2013 (11) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner of Income Tax (Appeals), as the Commissioner of Income Tax (Appeals) followed the decision of the jurisdictional High Court in the case of Velayudha Spinning Mills Ltd. (2010 (3) TMI 860 - Madras High Court ), while allowing the claim of the assessee under section 80IA of the Act on windmill. Therefore, we sustain the orders of the Commissioner of Income Tax (Appeals) in both the cases. X X X X Extracts X X X X X X X X Extracts X X X X ..... in the interest of justice, we condone the delay of nine days in filing of these two appeals and admit the same for disposal. 3. The common grounds raised by the Revenue in these two appeals are as under:- "The Commissioner of Income Tax (Appeals) has erred in law in allowing the claim of deduction u/s.80IA on windmills. The Commissioner of Income Tax (Appeals) ought to have observed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that the issue in the appeal is squarely covered by the decision of the Hon'ble jurisdictional High Court in the case of Velayudha Spinning Mills Pvt. Ltd. (340 ITR 477). The counsel submits that the Commissioner of Income Tax (Appeals) in fact following the said decision of the High Court allowed the appeal of the assessee. 5. The Departmental Representative concedes that the issue in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of appeal are allowed." 7. On going through the order of the Commissioner of Income Tax (Appeals), we do not find any valid reason to interfere with the findings and decision of the Commissioner of Income Tax (Appeals), as the Commissioner of Income Tax (Appeals) followed the decision of the jurisdictional High Court in the case of Velayudha Spinning Mills Ltd. (supra), while allowing the clai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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