9911796707
TMI Blog2012 (2) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... and Balemia Warehouse. The assessee claimed deduction u/s. 80IB(11A) of the Act in respect of profit derived from Anjali Warehouse and Balemia Warehouse. According to the assessee the assessee is carrying on integrated business of handling and storage of transportation of food grains. Therefore, 100% deduction of profit from Anjali Warehouse and Balemia Warehouse is allowable. 4. According to the Assessing Officer, the assessee was only receiving rental income in respect of Anjali Warehouse from A.P. State Warehousing Corporation (APSWC) and there was no receipt of handling and transportation charges from APSWC. Further according to the Assessing Officer the assessee is getting only rental income from APSWC. Further it was observed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 15.10.2009. The claim of the assessee is rejected only for this assessment year, i.e., A.Y. 2006-07. In our opinion, this action of the lower authorities is not justified. Once the assessee's claim is allowed in one assessment year, the same cannot be disallowed in subsequent assessment years without any good and sufficient reason or change of circumstances. The reasons given by the Assessing Officer for rejecting the claim of the assessee are not good enough to sustain the disallowance. 7. We place reliance on the order of the Tribunal, Visakhapatnam Bench in the case of Tirumala Dairy Pvt. Ltd. in the combined order in I.T.A. Nos. 153 154/Vizag/09, 397/Vizag/10, 60/Vizag/11. The Tribunal vide order dated 11th August, 2011 he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -02 and thereafter in the asst. yr. 2002-03 has not been withdrawn. There is no contravention from the Revenue either at the stage of the proceedings before the lower authorities or even before the Tribunal. Thus, factually speaking the claim of the assessee for deduction under s. 80IB stands admitted in the initial assessment year and also thereafter up to the assessment year prior to the year under consideration. On the factual matrix, there is no justification for the AO to deny the claim of the assessee for deduction under s. 80IB. The implication of the earlier assessment made for the initial assessment year under s. 143(3) is that the assessee has fulfilled the conditions prescribed in the said section. Thereafter, it is not open for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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