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TMI Blog2021 (10) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... and invocation of the provision of section 145(3) of the Act while disposing of the assessee s appeal - we do not find any infirmity in the order of the CIT(A) in estimating the income of the assessee. We note that from AY 2007-08 the assessee is eligible unit for deduction u/s. 80IC of the Act and, as discussed the estimation is made on the basis of relevant material and has been found by us to be reasonable in the facts and circumstances of the case. Therefore we uphold the impugned action of the Ld. CIT(A) giving partial relief to the assessee and also in the process confirming partly the action of AO. - Decided against revenue. - I.T.A. Nos. 2576 to 2578/Kol/2019 (Assessment Years: 2013-14 to 2015-16) - - - Dated:- 28-10-2021 - Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the appeal of the department, the brief facts of the case are that the assessee is a partnership firm engaged in the business of running coke industries. The assessee had claimed deduction u/s. 80IC of the Income Tax Act, 1961 (hereinafter referred to as the Act ) consistently from AY 2007-08 which was allowed to it. However, for the year under consideration, the assessee claimed deduction u/s. 80IC of the Act at ₹ 14,48,09,592/- (for AY 2013- 14). However, the AO denied the deduction u/s. 80IC of the Act and, inter alia, made an addition of ₹ 17,22,89,990/-. Aggrieved, the assessee preferred an appeal before the Ld. CIT(A), who rejected the books of account of the assessee u/s. 145(3) of the Act and estimated the gross pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee thereby claiming deduction u/s. 80lC of the Act. We find that the facts of the case for A.Y. 2014-15 2015-16 are similar to that for the A.Y. 2013-14 and so the issue raised before us in the instant two appeals had already been dealt by us in preceding paras while adjudicating in assessee's appeal in ITA 2595/Kol/2019 for A.Y. 2013-14 wherein we have confirmed the finding of the Ld. CIT(A) applying the gross profit rate of 40%. Thus our decision for A.Y. 2013-14 in assessee's case of ITA 2595/Kol/2019 shall apply mutatis mutandis on the assessee's remaining two appeals for A.Y.2-14-15 and 2015-16. We accordingly confirm the finding of the Ld. CIT(A) and dismiss the appeals raised by the assessee for AY 20-14-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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