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TMI Blog2018 (7) TMI 2040X X X X Extracts X X X X X X X X Extracts X X X X ..... JUSTICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.01.2018 passed by the learned Income Tax Appellate Tribunal (ITAT), Ahmedabad in ITA No.3660/Ahd./2015 for the Assessment Year : 2012-2013, the Revenue has preferred the present Tax Appeal with the following proposed substantial questions of law :- "(A) Whether on the facts and circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 80IA applicable with effect from 01.04.2000?" 2. The assessee filed its return of income for the Assessment Year : 2012-2013 on 28.09.2012 declaring total income at Rs. 50,93,730/-. That the Assessing Officer completed the assessment proceedings determining the total income at Rs. 1,20,19,371/- after making disallowance of Rs. 68,10,188/= under Section 80IA(4)(iv) of the Act and also making di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the assessment proceedings. The Assessing Officer was not justified in making disallowance of the deduction claimed under Section 80IA(4)(iv) of the Act and consequently deleted the disallowance made by the Assessing Officer of the deduction of Rs. 68,10,188/- under Section 80IA(4)(iv) of the Act. 4. The Revenue was unsuccessful before the learned ITAT. Hence, the Revenue is before this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.2017, this Court had referring to the judgments in case of Commissioner of Income-tax v. Gujarat Oil and Allied Industries reported in 201 ITR 325 and in case of Panasonic Energy India Co. Ltd. v. Assistant Commissioner of Income-tax reported in (2014) 367 ITR 245 (Guj), expressed such a view. " 6. In view of the above, and as the issue involved in the present Appeal is now not res integra and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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