9911796707
TMI Blog2022 (1) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... lso as those are for the assessment years 2005-06 to 2011-12. In these circumstances we are of the considered opinion that in the absence of any compelling changed circumstances, the consistent view taken in assessee s own case for the earlier years are not be disturbed. While respectfully following the same, we hold the issue in favour of the assessee and return a finding that the deletion of the disallowance of claim of assessee under section 80IA of the Act by the Ld. CIT(A) is neither illegal nor irregular and the same has to be upheld. Consequently, we dismiss ground No. 1 of Revenue s appeal. Disallowance of the expenses - AR submitted that in view of the fact that the assessee is entitled to claim the deduction under section 80I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee at ₹ 4, 88, 99, 900/-after disallowing not only the claim under section 80IA of the Act, but also interest paid and claimed as expenses to the tune of ₹ 4, 74, 78, 048/-. 3. According to the learned Assessing Officer in the case of assessee for the earlier assessment years, where the facts are similar, a decision against the claim of the assessee under section 80IA of the Act was reached by his predecessors and therefore, facts being similar, such disallowance has to be maintained. Insofar as the disallowance of the interest expense is concerned, according to the learned Assessing Officer an amount of ₹ 6.20 crores was charged by the bank towards interest against the loan of ₹ 50.36 crores taken by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red income of the partners while the entire income of the firm, including the imputed interest, the assessee would otherwise be exempt under section 80IA (4) (iii) of the Act, which was allowed by him. Ld. CIT(A) accordingly allowed the appeal and granted relief to the assessee by deleting both the additions. 5. Revenue is aggrieved by such an action of the Ld. CIT(A) and filed this appeal contending that the findings of the Ld. CIT(A) insofar as the disallowance under section 80IA (4) (iii) of the Act is concerned is contrary to the findings given by the Ld. CIT(A) in the assessment year 2005-06 to 2009-10 and also that the Ld. CIT(A) failed to appreciate the contention of the learned Assessing Officer insofar as the disallowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. In this year also, Ld. CIT(A) granted relief to the assessee by following this consistent view taken in assessee s own case for the earlier assessment years by his predecessor as well as the higher fora, namely, the Tribunal and the Hon ble High Court. 9. Both the authorities below recorded a finding that the facts are similar for this year also as those are for the assessment years 2005-06 to 2011-12. In these circumstances we are of the considered opinion that in the absence of any compelling changed circumstances, the consistent view taken in assessee s own case for the earlier years are not be disturbed. While respectfully following the same, we hold the issue in favour of the assessee and return a finding that the deletion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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