INCOME TAX OFFICER Vs. SHRI FABS

JUDGEMENT

(1.) THESE are the appeals, whereby, the appellant -Revenue seeks to challenge the order passed by the ITAT, Ahmedabad Bench, Ahmedabad (for short, 'the Tribunal), Dated : 15.02.2001, rendered in ITA No.3267/Ahd/1995 for the A.Y. - 1987 -88, ITA No.3263/Ahd/1995 for the A.Y. -1991 - 92, ITA No.3264/Ahd/1995 for the A.Y. -1988 -89, ITA No.3266/Ahd/1995 for the A.Y. -1990 -91, ITA No.3265/Ahd/1995 for the A.Y. -1989 -90, ITA No.3262/Ahd/1995 for the A.Y. -1986 -87, whereby, the Tribunal dismissed the appeals preferred by the appellant -revenue.

(2.) THE brief facts of the case are that the respondent -assessee filed its returns of income for different assessment years, wherein, it claimed deduction under Section 80HHA and 80I of the Income Tax Act, 1961 (for short, 'the Act'). The appellant -Revenue, hence, requested the respondent -assessee to supply the material in support of its claim for deductiona, as above. According to the appellant -revenue, the respondent - assessee did not supply the necessary material. Therefore, the concerned AO disallowed the claim of the respondent -assessee for the relevant assessment years. Being aggrieved thereby, the respondent -assessee approached the CIT(A) by filing different appeals and the CIT(A) allowed the appeals of the respondent - assessee for the A.Y.s - 1986 -87 and 1991 -92. Since, the appellant -revenue was no satisfied with the order passed by the CIT(A), it challenged the same before the Tribunal, which, passed the impugned common order. Hence, the appellant -revenue preferred the present appeals, raising the following common question of law for the consideration of this Court;

(3.) AT the very outset, Mr. Parikh, learned Advocate for the appellant -revenue, and Mr. Soparkar, learned Advocate for the respondentassessee, invited our attention to a decision of the Division Bench of this Court in ITR No.3 of 1999 in the case of "COMMISSIONER OF INCOME TAX VS. VIKSHRA TRADING & INVESTMENT LTD.", wherein, the Division Bench, at Paras -8 and 9, has observed as under;