##PAGE1##

आयकर अपीलीय अिधकरण,’सी’ (cid:13)ायपीठ, चे(cid:18)ई।

IN THE INCOME TAX APPELLATE TRIBUNAL

‘C’ BENCH: CHENNAI

सु(cid:22)ी पदमावती यस, लेखा सद(cid:28) एवं (cid:22)ी मनु कु मार िग!र, (cid:13)ाियक सद(cid:28) के सम"

BEFORE MS. PADMAVATHY.S, ACCOUNTANT MEMBER AND

SHRI MANU KUMAR GIRI, JUDICIAL MEMBER

आयकर अपील सं./ITA Nos.3081 & 3084/Chny/2025

िनधा#रण वष# /Assessment Years: 2014-15 & 2015-16

The Dy. Commissioner of Income Olympia Tech Park (Chennai) Pvt.

Tax, Vs. Ltd.,

LTU Circle-1, 1, Olympia Tech Park,

Chennai. SIDCO Industrial Estate,

Guindy, Chennai – 600 032.

PAN: AABCO 8102F

(अपीलाथ(cid:7)/Appellant) ((cid:8)(cid:9)यथ(cid:7)/Respondent)

अपीलाथ& की ओर से/ Assessee by : Mr. Ajith Kumar Choradia, C.A

()थ& की ओर से /Revenue by : Mr. Bipin C.N, CIT

सुनवाई की तारीख/Date of Hearing : 26.02.2026

घोषणा की तारीख /Date of Pronouncement : 03.03.2026

आदेश / O R D E R

PER PADMAVATHY.S, A.M:

These appeals by the Revenue are against the separate orders of the

Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre

(NFAC), Delhi, (in short "CIT(A)") passed u/s. 250 of the Income Tax Act,

1961 (in short "the Act") both dated 27.01.2025 for Assessment Years (AYs)

2014-15 & 2015-16. The common issue contented by the Revenue in both the

appeals pertain to the relief given by the CIT(A) towards deduction claimed

u/s. 80IA(4) of the Act.

ITA Nos.3081 & 3084/Chny/2025

Olympia Tech Park (Chennai) Pvt. Ltd.

:- 2 -:

2. The assessee is a private limited company engaged in the business of

development, operation and maintenance of industrial parks. The A.O while

completing assessment u/s. 143(3) denied the deduction claimed by the

assessee u/s. 80IA of the Act following his predecessors in AY 2012-13. On

further appeal, the CIT(A) allowed appeal in favour of the assessee by placing

reliance on the decision of the coordinate bench in assessee's own case for

A.Y 2012-13. The Revenue is in appeal before the Tribunal against the order

of the CIT(A).

3. We have heard the parties, and perused the material available on

record. During the course of hearing it is brought to our attention that the

Coordinate Bench of the Tribunal in assessee's own case for AY 2012-13,

2016-17 to 2018-19 has considered an identical issue and has allowed the

appeal in favour of the assessee. The relevant observations of the Coordinate

Bench for AY 2012-13 is extracted hereunder:

9. We have heard both the parties, perused materials available on record

and gone through orders of the authorities below. The fact with regard to

the industrial park developed by M/s. Khivraj Tech Park Pvt Ltd was duly

approved by the Department of Policy and Promotion, Ministry of

Commerce and Industries, Government of India vide notification no.

15/12/2005-IP&ID, dated 25.07.2016 and was also duly notified by the

CBDT vide notification no. 331/2006, dated 30.11.2006, in accordance

with Industrial Park Scheme, 2002 is not disputed by the Assessing

Officer. In fact, the Assessing Officer categorically admitted that the

industrial park developed by the assessee was approved under the

Industrial Park Scheme, 2002. It is also not in dispute that the assessee

has claimed deduction u/s. 80IA(4) of the Act from assessment year 2011-

12 and the same has been denied by the Assessing Officer. On appeal, ld

CIT(A) allowed deduction u/s. 80IA(4) of the Act and the same has been

approved by the Tribunal. Although the department filed an appeal before

the Hon’ble High Court of Madras, but subsequently the department had

withdrawn the appeal filed before the Hon’ble High Court by filing memo

that the industrial park developed by the assessee was approved by the

competent authority. Therefore, from the above it is undoubtedly clear

that the industrial park developed by the erstwhile company was approved

under Industrial Park Scheme, 2002.

ITA Nos.3081 & 3084/Chny/2025

Olympia Tech Park (Chennai) Pvt. Ltd.

:- 3 -:

10. The sole basis for the Assessing Officer to deny deduction u/s.

80IA(4)(iii) of the Act, is that the firm was constituted after 31.03.