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TMI Blog2021 (9) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... d, then the transferee company i.e. amalgamated company will become entitled to deduction. CIT(A) appreciated the facts both on facts and in law as well as weighed earlier decisions of his predecessor and allowed the claim of deduction under section 80IA. Therefore, basing decisions of the Tribunal on identical issue on the assessee s own case cited [ 2018 (12) TMI 1679 - ITAT AHMEDABAD] we uphold order of the ld.CIT(A) and dismiss the ground of appeal of the Revenue. - ITA No. 45/Ahd/2019 - - - Dated:- 15-9-2021 - Shri Rajpal Yadav, Vice-President And Shri Waseem Ahmed, Accountant Member For the Revenue : Shri S.S. Shukla, Sr.DR For the Assessee : Shri Gaurav Nahata, AR ORDER PER RAJPAL YADAV, VICE-PRESIDENT: Revenue is in appeal before the Tribunal against order of the ld.CIT(A)-1, Ahmedabad dated 11.10.2018 passed for the Asstt.Year 2010-11. 2. Only issue raised by the Revenue in this appeal is that the ld.CIT(A) has erred in deleting the addition of ₹ 2,74,36,169/- made on account of deduction claimed under section 80IA(4) of the Income Tax Act, 1961. 3. Brief facts of the case, as emerging from orders of the Revenue authorities are th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee s own case for the assessment years 2009-10, 2011-12, 2013-14 and 2014-15 on identical issue, allowed claim of the assessee and deleted the addition. Dissatisfied with order of the ld.CIT(A), the Revenue is before us. 4. Before us, while the ld.DR supported order of the AO, the ld.counsel for the assessee defended in support of order of the ld.CIT(A). He further submitted that continuously for the last four years, similar claim has been agitated before the ld.first appellate authority and before the Tribunal, and the claim of deduction under section 80IA has been allowed to the assessee. In this year also, claim is similar, facts are identical and therefore there is no reason to deviate from the view taken by the Tribunal on the issue on hand. The ld.CIT(A) has rightly appreciated the factum of earlier years claim and allowed the claim of the assessee on the basis of the Tribunal s order passed in the assessee s case. The ld.counsel for the assessee has filed copy of order of the Tribunal in the case of the assessee for the asstt.Years 2010-11 to 2012-13 order dated 10.12.2018 passed in ITA No.2092/Ahd/2015 and others involving identical issue. 5. We have considered su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod specified in this section, to another Indian Company in a scheme of amalgamation or demerger - (a) no deduction shall be admissible under this section to the amalgamating or the demerged company for the previous year in which the amalgamation or the demerger takes place; and (b) the provisions of their section shall, as far as may be, apply to the amalgamated or the resulting company as they would have applied to the amalgamating or the demerged company if the amalgamation or demerger had not taken place. 3.5. It is seen that Shanti processors Ltd was amalgamated with the appellant company w.e.f. 01/04/2005 as per scheme approved by Hon'ble Gujarat High court vide order dated 31/03/2006 and the majority of plant and machinery i.e. ₹ 7,11,23,416/-(out of total addition of ₹ 7,66,75,468/-) was acquired by amalgamating company which was not used and was shown in WIP In the balance sheet of amalgamating co., which were transferred to the appellant on amalgamation. The A. O. has presumed that addition of ₹ 7,11,23,416/- was old plant and machinery in the hands of the appellant since the appellant had not purchased it, which is not correct inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above case laws supports the case of the appellant. The identical issue has been decided in favour of the appellant in A.Y.2011-12 vide Appeal No.CIT(A)~VI/ACIT(OSD),R-1/14/2014-15 dated 27/01/2016, A.Y.2013-14 vide Appeal No.CIT (A)-1/DCIT Cir.1(1)(2)/124/2016~17 dated 28/09/2017 and in A.Y.2014-15 vide Appeal No.CIT(A)-1/DCIT Cir. 1(1)(2)/361/2016-17 dated 29/09/2017. Under these facts and following the order of earlier years, I am inclined with the contention of the A.R. that deduction claimed cannot be denied. Accordingly, A.O. is directed to allow the claim u/s. 801A as claimed by the appellant. The ground of the appeal is allowed. 6. After going through order of the ld.CIT(A) and the Tribunal, we find that the impugned issue is no more remain res integra with the Tribunal, because, the Tribunal on identical set of facts for the earlier years cited (supra) had allowed claim of the assessee. The Tribunal has discussed the issue at length both on facts and in law. However, for clarity, we reproduce below the relevant part of the order of the ITAT passed in ITA No.2092/Ahd/2015 and others reads as under: 25. We have heard both the sides and perused the material on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lgamation becomes the property of the amalgamated company by virtue of amalgamation. b. All the liabilities of the amalgamating company or companies immediately before the amalgamation become the liabilities of the amalgamated company by virtue of amalgamation. Shareholders holding not less than 3/4th in value of the shares in amalgamating company or companies (other than shares held there is immediately before the amalgamation or by a nominee for the amalgamated company or its subsidiary) become shareholders of the amalgamated company by virtue of the amalgamation, otherwise than as a result of the acquisition of the property one company by another company pursuant to the purchase of such property by the other company as a result of distribution of such property to the other company after the winding up of first mentioned company. B. Tax concessions to the amalgamated company: The amalgamated company shall be eligible for tax concessions only if the following two conditions are satisfied: i. The amalgamation satisfies all the three conditions laid down in section2(lB) and ii. The amalgamated company is an Indian company. If the above conditions a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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