DCIT Vs. WINGS PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) THIS appeal by the Revenue and the Cross Objection by the assessee arise out of the order passed by the CIT(A) on 29.5.13 in relation to the assessment year 2010 -11.

(2.) THE only ground raised by the Revenue in its appeal is against allowing deduction of Rs. 8,08,04,360/ - u/s. 80IC of the Income -tax Act, 1961 (hereinafter also called 'the Act') in respect of income from unit at Baddi.

(3.) AFTER considering the rival submissions and perusing the relevant material on record, it is noticed that the AO as well as the ld. CIT(A) have relied on their respective opinions for the earlier years in making and deleting the disallowance. Such issue came up for consideration before the Tribunal in assessee's case for the AYs 2006 -07 to 2009 -10. Vide its separate orders dated 7.2.2014 and 29.5.14, the Tribunal has upheld the decision of the ld. CIT(A) in allowing deduction u/s. 80IC in respect of this income. No distinguishing feature of the instant year vis   -vis the preceding years has been brought to our notice by the ld. DR. Respectfully following the precedents, we uphold the impugned order in deleting this disallowance.