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TMI Blog2018 (4) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Revenue against the order of the CIT(A)-41, Mumbai dated 16.06.2016 for A.Y. 2012-13. 2. The only grievance of the Revenue in this appeal is that the CIT(A) erred in not allowing deduction under Section 80IB(5) of the Income Tax Act, 1961 (hereinafter "the Act") following the decision of his predecessor in assessee's case for assessment years 2010-11 and 2011-12. 3. At the outset the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... existing business for the reason that the assessee firm was created in 2004-05 to manufacture emulsifiers on behalf of its sister concern M/s. Witmans Industries. The AO ignored the submission of the assessee that the assessee's unit is a new unit formed with new plant and machinery at a new place with new workers and power connection. No machinery was taken from Witmans Industries and there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the AO. On appeal the learned CIT(A), following the order of his predecessor for assessment years 2010-11 and 2011-12 allowed the claim of the assessee. On a perusal of the order of the Tribunal for assessment years 2010-11 and 2011-2 we find that the Tribunal allowed the claim of the assessee by observing as under: - "4. Now coming to the appeals filed by the Revenue the learned D.R. fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the existing unit of sister concern and setting up the assessee's undertaking. 3. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in admitting additional evidence in the form of assessment order for A.Y. 2007-08 in set aside proceeding passed after the filing of appeal, without confronting the department." 5. We have heard the learned D.R. and carefully perused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t find any illegality or infirmity in the order of the CIT(A)." Since there is no change in the facts and circumstances during the assessment year under consideration, respectfully following the said decision we uphold the order of the learned CIT(A) in allowing the claim for deduction under Section 80IB(5) of the Act to the assessee. 6. In the result, the appeal filed by the Revenue is dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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