Section 35D benefit once granted in initial year cannot be denied in subsequent years

DCIT Vs Asian Hotels East Limited (ITAT Kolkata)

Once the claim under section 35D of the Act was accepted in the initial year i.e. AY 1995-96, then the clock had started running in favour of the assessee which was to continue for the entire period of ten years and the benefit once granted in the initial year could not be denied in the subsequent years.

FULL TEXT OF THE ITAT JUDGEMENT

All these appeals have been preferred by the revenue relate to AYs 2012-13 to 2014-15 against the separate orders of Ld. CIT(A)-3, Kolkata all dated 01.11.2018. Since issues involved are found to be common, all the appeals were heard together. Both the parties also argued them together raising similar arguments on these issues. Accordingly, for the sake of brevity, we dispose of all the appeals by this consolidated order.

2. First we take up the appeal for AY 2012-13 in ITA No. 114/Kol/2019 arising out of the order of the Ld. CIT(A) dated 01.11.2018 passed out against the assessment order passed u/s. 143(3) of the Act dated 31.03.2015.

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