2022 (8) TMI 1426

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..... inguishing facts of the case in the year under consideration and nor has placed any material to demonstrate that the order of Delhi Tribunal in assessee s own case for A.Ys. 2011-12 2012-13 has been set aside/stayed/over ruled by the Higher Judicial forum. In such a situation, we find no reason to interfere with the order of CIT(A) and thus dismiss the grounds of the Revenue.
SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHARY, JUDICIAL MEMBER For the Assessee : Ms. Yamini, C.A. For the Revenue : Shri Surender Pal, CIT-D.R. ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the Revenue is directed against the order dated 03.09.2020 of the Commissioner of Income Tax (Appeals)-2, New Delhi relating to Assess .....

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..... t venture between a Turkish Company M/s. Celebi Hava Servisi and M/s. Delhi International Airport Ltd. ('DIAL'). It was formed as Special Purpose Company for the up gradation, operation and maintenance of the cargo terminal at Indira Gandhi International Airport, New Delhi. It was further submitted that 'DIAL' had entered into an Operation, Management and Development Agreement ('OMDA') with the Airport Authority of India ('AAI') under which 'DIAL' has been granted the exclusive right and authority for 30 years to operate, maintain, develop, design, construct, upgrade, modernize, finance and manage the IGIA, Delhi. Consequent to the concession agreement entered between 'DIAL', Celebi Hava Servisi and the assessee on 24th August 2009, assesse .....

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..... ntical issue arose in assessee's own case in A.Y. 2011-12 & 2012-13 and the Delhi Bench of Tribunal in ITA No.3182/Del/2016 order dated 23.10.2018 for A.Y. 2011-12 and ITA No.3376/Del/2017 order dated 18.02.2019 for A.Y. 2012-13 has held that the assessee qualified for deduction u/s 80IA of the Act. He noted that since the facts of the case in the year under consideration are identical to that of A.Y. 2011-12, therefore the assessee is eligible for deduction u/s 80IA (4) of the Act. He accordingly set aside the order of AO and directed the AO to grant the deduction u/s 80IA(4) of the Act. Aggrieved by the order of CIT(A), Revenue is now before us. 5. Before us, Learned DR supported the order of AO. 6. Learned AR on the other hand reiterat .....

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