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TMI Blog2018 (4) TMI 1821X X X X Extracts X X X X X X X X Extracts X X X X ..... IA(4)(iii) - Decided against revenue. - ITA No.1345/PUN/2016 - - - Dated:- 27-4-2018 - Ms. Sushma Chowla, JM And Shri Anil Chaturvedi, AM Appellant by: Shri Mukesh Jha Respondent by: Shri Dharmesh Shah ORDER Sushma Chowla, The appeal filed by the Revenue is against the order of CIT(A)-7, Pune, dated 01.04.2016 relating to assessment year 2011-12 against order passed under section 143(3) of the Income-tax Act, 1961 (in short the Act ). 2. The Revenue has raised the following grounds of appeal:- 1. Whether on the facts and in the circumstances of the case and in law, the Id CIT(A) has erred in allowing the deduction u/s 80IA(4)(iii) of the I.T. Act, 1961, when there was no notification at the time of com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d have been completed for availing deduction u/s. 80IA, was not fulfilled. 7. The condition, that no single entity or its related enterprise can occupy more than 25% of the allocable area was violated. 8. The assessee should have commenced operation as on 31.03.2009. However, this condition is violated. 9. The appropriate completion certificate has not been obtained from the relevant authorities. 10. The condition that a minimum number of 30 units should be operational for availing the benefit was not met since 31.03.2010 only, 16 units were operational. 11. For the facts and such other reasons as may be urged at the time of hearing, the order of the Ld. Commissioner of (Appeals), Pune may be vacated and that of the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 79 to 81 of Paper Book. The Hon ble Bombay High Court in ITA No.484 of 2012 vide order dated 26.03.2013 has admitted the appeal of assessee, which is pending for disposal, copy of said order is placed at pages 82 and 83 of Paper Book. Thereafter, assessment for assessment year 2004-05 was completed under section 143(3) of the Act and deduction claimed was denied. The Tribunal in ITA No.536/PN/2012, vide order dated 26.11.2014 has upheld the addition, however, directed the Assessing Officer to follow the decision of Hon ble Bombay High Court in view of declaration filed by the assessee under section 158A(1) of the Act. Meanwhile, the assessment order under section 143(3) of the Act was completed for assessment year 2005-06 on 28.12.2007. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income whether the assessee had derived any income from the eligible business of software park. 7. Before the CIT(A), the assessee contended that the Assessing Officer had ignored the Profit and Loss Account relating to software business filed vide letter dated 14.02.2014. The assessee also referred to the computation of income, in which the assessee had earned income by way of rent and maintenance charges from software park amounting to ₹ 1,05,89,042/-. The assessee also filed the net rental income and business income eligible for deduction under section 80IA(4)(iii) of the Act as part of its submissions, which are reproduced at page 3 of appellate order. The CIT(A) in view of submissions of assessee and in view of allowing the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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