K.S. Jhaveri, J. - (1.) SINCE all these appeals arise from the common order of the Income Tax Appellate Tribunal, they are being disposed of by this common judgment.
(2.) BY way of these appeals, the appellant -revenue has challenged the common order dated 28.02.2006 passed by the Income Tax Appeal Tribunal [for short "the Tribunal"] in ITA Nos. 278/RJT/05, 574/RJT/03 & 279/RJT/05, whereby the appeals filed by the revenue were dismissed by the Tribunal. In all these appeals the facts as well as the question of law are same, therefore, we are discussing only the facts of Tax Appeal No. 1321 of 2006 for our convenience.
(3.) THE facts in brief are that respondent -assessee is engaged in the business of forging and manufacturing of various types of auto parts. The assess had filed its return for the Assessment Year 2001 -02 on 29.10.2001 and declared total income of Rs. 47,66,167/ -. The respondent -assessee had claimed deduction under Section 80I of the Income Tax Act, 1961 in the relevant year whereas the business was started on 25.09.1991. It was the contention of the assessee that it became entitled to deduction after purchasing the new machinery. However, the Assessing Officer rejected the claim of the assessee. 4.1. Against the order of the Assessing Officer, the assessee filed an appeals before the Commissioner of Income Tax. The CIT(A) allowed the appeal of the assessee. Being aggrieved and dissatisfied with the order of the CIT(A), the revenue has filed appeals before the Income Tax Appellate Tribunal. The Tribunal after hearing the parties dismissed the appeals of the revenue and confirmed the order of the CIT(A). Hence, these appeals are filed at the instance of the revenue.;