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| The Tax Publishers2020 TaxPub(DT) 1441 (Guj-HC) INCOME TAX ACT, 1961
Section 80-IA
Where total income of the assessee for the A.Y. 1995-96 even after inclusion of the disallowance made by AO was Rs. 314.84 Lakhs, against which claim under section 80IA allowed by AO was at Rs. 322.05 Lakhs and even CIT(A) also allowed the revised claim of deduction made by assessee under section 80IA at Rs. 630.35 Lakhs, therefore appeal of Revenue was dismissed.
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Deduction under section 80-IA - Allowability - AO rejected the revised claim of assessee -
Assessee claimed deduction under Section 80IA at Rs. 3,22,05,867. During the assessment proceedings, assessee submitted a revised claim of deduction under Section 80IA at Rs. 6,30,58,127. AO rejected the revised claim of deduction made by assessee under section 80IA and limited it to the original claim of Rs. 3,22,05,867. Tribunal allowed the deduction claimed by assessee. Held: Tribunal had rightly held that appeal had become academic in view of the fact that the total income of the assessee for the A.Y. 1995-96 even after inclusion of the disallowance made by the assessing officer was Rs. 314.84 Lakhs, against which claim under section 80IA allowed by AO was at Rs. 322.05 Lakhs. Even CIT(A) also allowed the revised claim of deduction made by assessee under section 80IA at Rs. 630.35 Lakhs keeping in mind the fact that the income of assessee prior to deduction under section 80IA was Rs. 314.84. Lakhs. Tribunal therefore rightly dismissed the appeals on the ground that the same was academic in nature.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 1995-96 to 1996-97
IN THE GUJARAT HIGH COURT
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