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TMI Blog2011 (1) TMI 1537X X X X Extracts X X X X X X X X Extracts X X X X ..... 009 passed by the ld. CIT(A) for the Assessment Year 2006-07. 2. Briefly stated facts of the case are that the assessee is a telecom firm which is franchisee of MTNL which is supplying their telecommunication services within the building of Opera House. The assessee is a franchisee of MTNL and is responsible for installation and networking operating and maintenance of EPABX system and users ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved by the order of the ld. CIT(A) the revenue is in appeal before us. 4. Ground No.1 and 2 read as under :- 1. The ld. CIT(A) has erred in law and on facts in allowing the deduction under section 80IA(4)(ii) of the I.T. Act to the assessee treating the assessee as engaged in the business of providing Basic Telecom Services under franchisee scheme of MTNL. 2. The ld. CIT(A) erred in foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cations Pvt. Ltd. vs. DCIT in ITA No.4355/M/2002 order dated 12.9.2003 for the Assessment Year 1998-99. He also placed on record the copy of the said orders of the Tribunal. He therefore submits that the order passed by the ld. CIT(A) be upheld. 7. Having carefully heard the submissions of the rival parties and perusing the material available on record we find merit in the plea of the ld. Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the revenue we respectfully following the consistent view of the Tribunal hold that the assessee is entitled to the deduction u/s.80-IA of the Act and accordingly we are inclined to uphold the finding of the ld. CIT(A) in allowing the same. The grounds taken by the revenue are, therefore, rejected. 8. In the result, revenue s appeal stands dismissed. Order pronounced in the open court on 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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