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TMI Blog2021 (7) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed or point out any material difference in this year from that of earlier years, so that the Tribunal can take a different view on the issue of claim of deduction under section 80IAB of the Act. Therefore, respectfully following orders of the Tribunal in the assessee s own case cited. [ 2018 (2) TMI 2040 - ITAT AHMEDABAD] ,. [ 2017 (10) TMI 1578 - ITAT AHMEDABAD] and [ 2016 (8) TMI 696 - ITAT AHMEDABAD] based on which the ld.CIT(A) has allowed the claim of the assessee, we uphold order of the ld.CIT(A) and dismiss the ground of appeal of the Revenue. - ITA No.450/Ahd/2019 - - - Dated:- 28-7-2021 - Shri Rajpal Yadav, Vice-President And Shri Waseem Ahmed, Accountant Member For the Assessee : Shri Mukesh M. Patel, AR For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and gains derived by an undertaking, and therefore, the claim of the assessee was fully in accordance of with the law. However, the explanation of the assessee was not found to be acceptable by the AO. He was of the view that the activities of development of SEZ is distinct and separate from the activities of operation and maintenance of SEZ, and benefit of deduction on profits and gains derived from operation and maintenance activities which are specifically available to a transferee developer cannot be extended to the transferor developer, i.e. assessee in the present case, as the assessee was not transferee but transferor. After a detailed discussion, the ld.AO held that the assessee company was not eligible for deduction under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have considered submission of the ld.representatives and gone through the material placed on record and also earlier orders of the Tribunal passed in the case assessee s case for the Asstt.Years 2009-10, 2010-11 and 2011-12 on the similar issue. We find that the ld.CIT(A) while allowing claim of the assessee has followed order of his predecessor for the Asstt.Year 2013-14 in the assessee s own case. The relevant part of the CIT(A) s reads as under: 4. In Ground No.1 of the appeal, appellant had challenged the action of AO denying the deduction u/s,80IAB of the Act amounting to ₹ 2,15,25,030/-. Facts of the case are that appellant established a Special Economic Zone and on the profits on Operations and Maintenance of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me from operation and maintenance of SEZ then certainly transferor i.e. developer is eligible for deduction u/s.80IAB from operation and maintenance. 25. Further from going through the letter issued by Government of India Ministry of Commerce Industries dated 21st June, 2006 to the assesses for setting up of a sector specific Special Economic Zone for Pharmaceuticals at Ahmedabad, we find that in clause (ii) under the main clause (iii) referring to general condition it reads that operation and maintenance of the facilities will be met as per the standard in the specific manner and proposition of the user. 26. In view of our above discussion as well as observation made by Id. CIT(A), we are of the view that assessee being a devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that a combined reading of provisions of section 80IAB of the Act with section 2(g) and Section 3(10) of the Special Economic Zone Act that a person would be considered as a developer with the grant of letter of approval from competent authority, if the approval has been granted for development, operating and maintaining the SEZ. Therefore, activities of the assessee being a developer, include operation and maintenance of SEZ, and therefore entitled for deduction under section 80IAB of the Act. The ld.DR has not disputed or point out any material difference in this year from that of earlier years, so that the Tribunal can take a different view on the issue of claim of deduction under section 80IAB of the Act. Therefore, respectfully follow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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