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TMI Blog2020 (2) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the partnership agreement and considering the wish of the partners reflected in the partnership deed, not to pay/charge interest on the partners capital and the remuneration, the learned tribunal has rightly deleted the disallowance made by the Assessing Officer with respect to the deduction claimed under Section 80IB. As rightly observed by the tribunal, mere incorporation of interest on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the consideration of this Court : (a) Whether on the facts and in the circumstances of the case and in law, the Tribunal is correct in setting aside the order u/s 263 of the Act even when the assessment order passed by A.O. Is erroneous in so far as it is prejudicial to interest of revenue? (b) Whether on the facts and in the circumstances of the case and in law, the Tribunal is co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estions of law as proposed by the Revenue stand squarely covered by the decision of this Court in the case of Principal Commissioner of Income Tax vs. Alidhara Taxspin Engineers Anr. rendered in the Tax Appeal No.265 of 2017 dated 2nd May, 2017 . We quote para-4 of the said decision; We have heard Shri Sudhir Mehta, learned advocate appearing on behalf of the revenue. On interpretation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly dismissed. 4. This Court had the occasion to consider Alidhara Taxspin Engineers (supra) while deciding a batch of appeals being Tax Appeal Nos.165 of 2019 to Tax Appeal Nos. 168 of 2019, decided on 24th June, 2019. 5. Applying the dictum as laid in Alidhara Taxspin Engineers (supra), we are in complete agreement with the findings recorded by the Tribunal in the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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