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TMI Blog2022 (8) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008-09 [ 2019 (6) TMI 1288 - ITAT DELHI] - The aforesaid decision of the Coordinate Bench has been subsequently followed by the Bench while deciding assessee s appeal in ay 2011-12 [ 2020 (9) TMI 1239 - ITAT DELHI] . Decided in favour of assessee. - ITA No.5940/Del/2017 - - - Dated:- 29-7-2022 - Shri Saktijit Dey, Judicial Member And Dr. B.R.R. Kumar, Accountant Member For the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order for the limited purpose of adjudicating ground no. 1. This is how the present appeal came up for hearing before us. 4. Ground no. 1 reads as under: 1. Ld. Commissioner of Income Tax (appeals) erred in law and on the facts of the case in deleting the addition of Rs.1,48,27,50,299/- made by the AO on account of deduction claimed u/s 80IAB. 5. We have heard Sh. R.S. Singhvi, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per was not permitted as per SEZ Act. Therefore, consideration received from such sale is not an income entitled for deduction under section 80IAB of the Act. Additionally, the Assessing Officer held, if the deduction under section 80IAB is allowed at a later stage, an amount of Rs.6,57,66,000/- has to be reduced from the deduction claimed, as, the assessee has not allocated the establishment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide order dated 27.05.2019 passed in ITA No. 2126 2749/Del/2013. The aforesaid decision of the Coordinate Bench has been subsequently followed by the Bench while deciding assessee s appeal in assessmet year 2011-12 vide order dated 29.09.2020 in ITA No.4159 4794/Del/2015. 10. Thus, respectfully following the consistent view of the Tribunal expressed in assessee s own case, in the orders re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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