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TMI Blog2019 (4) TMI 1727X X X X Extracts X X X X X X X X Extracts X X X X ..... , respectively following the order of above mentioned authorities, we do not find any infirmity in the order of CIT (A), accordingly, same is upheld. Exconsequenti, the Ground No. 1.1 to 1.5 of the Revenue are therefore, dismissed. - I.T.A. No. 2504/AHD/2017:Assessment Year: 2009-10 - - - Dated:- 10-4-2019 - Shri O. P. Meena, Accountant Member And Mrs. Madumita Roy, Judicial Member Assessee by ShriBandishSoparkar, Advocate, AR Revenue by Smt. AparnaAgarwal, CIT(D.R.) ORDER O. P. Meena, AM 1. This appeal by the Revenue is directed against the order of learned Commissioner of Income tax (Appeals)-2, Vadodara (in short the CIT (A) ) dated 30.08.2017pertaining to Assessment Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .06.2009 and was not in existence during the previous year relevant to A.Y. 2009-10, and therefore, the conditions laid down in section 35(2AB) read with Rule 6(7A) had not been fulfilled. 1.5 The alternatively and without prejudice, in the facts and circumstances of the case, and in law, Ld. CIT(A) erred in directing the AO to allow the assessee weighted deduction u/s. 35(2AB) without verifying the actual expenditure by the assessee in terms of the Hon ble High Court s order dated 14.08.2017, and without giving the AO an opportunity to verify this. 3. Brief facts are the assessee has filed return of income on 27.09.2009 declaring loss of ₹ 1414.11 crores which was assessed under normal provisions and book profit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of weighted deduction under section 35(2AB) has been allowed by the tribunal in appeal against the order under section 263 of the Act dated 28.03.2016. The CIT (A) has followed the same and allowed the deduction of weighted deduction claimed and allowed by the AO in original assessment. The Revenue has filed an appeal against the order of Tribunal against I.T.A.No. 1390/Ahd/2016 dtd. 22.12.2016 passed in respect order under section 263 allowing the appeal. However, the Hon ble Gujarat High Court has dismissed the Revenue appeal vide Tax Appeal No. 541 of 2017 dtd. 14.08.2017(PB11 to 14) by upholding the order of ITAT dtd. 22.12.2016. The SLP filed by the Revenue also stands dismissed by the Hon`ble Supreme Court in SLP Np. 18273/2018 dat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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