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TMI Blog2022 (5) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Act on the ground that deduction was allowed in the initial year i.e. AY 2003-04 after carrying due verification and enquiry and similar deduction was allowed in AY 2004-05 2005-06. CIT(A) has also recorded a finding a fact that deduction allowed in AY 2003-04, 2004-05 and 2005-06 have not been disturbed and therefore the deduction claimed in the subsequent year cannot be rejected by followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment year 2011-12. 2. The only issue raised by the revenue is against the order of Ld. CIT(A) allowing the deduction u/s 80IB of the Income Tax Act, 1961 (hereinafter referred to as the Act) which was rejected by the AO on the ground that the project is not eligible for deduction u/s 80IB of the Act. 3. Facts in brief are that the assessee is in the business of development of real ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 11.07.2019 by observing that the deduction in the initial/first year in AY 2003-04 has been allowed after due verification by the AO and was also allowed in AY 2004-05 and 2005-06. While allowing the appeal of the assessee , the Ld. CIT(A) also referred to the decisions in the case of Paul Brothers (1995) 216 ITR 548, Simple Food Product Pvt. Ltd. in ITA No. 27,28,29,31,36,37 39/2010 (Nagp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsequent year cannot be rejected by following the ratio as laid down in decisions of various by various High Courts namely Paul Brothers (supra), Simple Food Product Pvt. Ltd. (supra) Dinshaw Frozen Food Ltd. (supra) as discussed in the appellate order. Accordingly we are inclined to uphold the same by dismissed the appeal of the revenue. 6. In the result, the appeal of the revenue is dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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