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2015 Supreme(Mad) 2022

R.SUDHAKAR, K.B.K.VASUKI
Commissioner of Income Tax – Appellant
Versus
Cylwin Knitwear – Respondent


Advocates Appeared:
For the Appellant : T.R. Senthil Kumar, Standing Counsel.

JUDGMENT :-

R. Sudhakar, J.

1. This Tax Case (Appeal) is filed by the Revenue as against the order of the Income Tax Appellate Tribunal. The core issue raised in this Tax Case (Appeal) is whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the respondent/assessee is entitled to claim deduction under section 80-IA of the Income Tax Act.

2. The issue involved in this appeal has already been decided by this Court in the decision reported in (2012) 340 ITR 477 (Velayudhaswamy Spinning Mills V. Asst. CIT).

3. It is stated by the learned Standing Counsel appearing for the Revenue that as against the decision rendered by this Court in the case of Velayudhaswamy Spinning Mills V. Asst. CIT reported in (2012) 340 ITR 477, the Revenue preferred appeals before the Supreme Court and the same are pending.

4. Heard learned counsel appearing for the assessee and perused the materials placed before this Court.

5. In the decision reported in (2012) 340 ITR 477 (Velayudhaswamy Spinning Mills V. Asst. CIT), this Court, while dealing with the benefit under Chapter VIA of the Income Tax Act, placed reliance on the decision reported in (2009) 317 ITR 218 (S



































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