INCOME TAX OFFICER Vs. PRARAMBH ASSOCIATES

JUDGEMENT

(1.) ALL these appeals filed by Revenue are pertained to same assessee for A.Y. 2005 -06, 2006 -07 & 2007 -08, arising out form the order of CIT(A) -IV, Baroda, dated 22.10.2012 on similar grounds. So, they are being disposed of by way of this common order for the sake of convenience.

(2.) IN ITA No. 50/Ahd/2013 for A.Y. 2005 -06, Revenue has filed the appeal on the following ground:

(3.) MATTER was carried before the First Appellate Authority, wherein matter was contested on reopening on merit. However, on reopening, it was not pressed but it was pressed on merit and having considered submission on behalf of assessee on merit CIT(A) granted relief to the assessee. Same has been opposed before us on behalf of Revenue inter alia submitting that CIT(A) was not justified in allowing deduction of Rs. 19,33,109/ - under provision of Section 80IB(10) of the Act. Accordingly, order of CIT(A) be set aside and that of Assessing Officer be restored. On other hand, ld. Authorized Representative submitted that CIT(A) has rightly allowed the relief to assessee by following decision of CIT v. Radhey Developer India Ltd. & Another : (2012) 341 ITR 403 (Guj.), which take cares of issue. Accordingly, order of CIT(A) on allowability of 80IB(10) be upheld.