K.S.JHAVERI, J. - (1.) Since in all these appeals, common questions of law and facts are involved, they are decided by this common judgment.
(2.) By way of these appeals, the appellants have challenged the judgment and order of the Tribunal whereby the Tribunal has partly allowed the appeals of the assessee and dismissed the appeal of the department modifying the order of the CIT(A) whereby the CIT(A) has allowed the appeal in favour of the assessee.
(3.) In Appeal No. 460 of 2009, originally the matter was admitted by the order dated 02.09.2009 only on one issue which was subsequently amended by us on 24.2.2017 pursuant to the application preferred by the department which reads as under:- "(i) Whether in the facts and circumstances of the case, the ITAT was justified in law in deleting and restricting the trading additions which was made after rejecting books of accounts under section 145(3) of the Act?. (ii) Whether in the facts and circumstances of the case, the ITAT was justified in law in allowing the deduction under section 80IA when the assessee does not fall in the same? (iii) Whether in the facts and circumstances of the case, the ITAT was justified in law in directing to allow the higher rate of interest to the persons specified under section 40A(2)(b) of the Act." D.B. Income Tax Appeal No. 547 of 2009 admitted on 07.09.2009:- "(i) Whether in the facts and circumstances of the case, the ITAT was justified in law in deleting and restricting the trading additions which was made after rejecting books of accounts under section 145(3) of the Act?. (ii) Whether in the facts and circumstances of the case, the ITAT was justified in law in allowing the deduction under section 80IA when the assessee does not fall in the same? (iii) Whether in the facts and circumstances of the case, the ITAT was justified in law in directing to allow the higher rate of interest to the persons specified under section 40A(2)(b) of the Act." D.B. Income Tax Appeal No. 37 of 2010 admitted on 3.2.2011:- "(i) Whether in the facts and circumstances of the case, the ITAT was justified in law in deleting and restricting the trading additions which was made after rejecting books of accounts under section 145(3) of the Act? (ii) Whether in the facts and circumstances of the case, the ITAT was justified in law in allowing the deduction under section 80IA when the assessee does not fall in the same? (iii) Whether in the facts and circumstances of the case, the ITAT was justified in law in directing to allow the higher rate of interest to the persons specified under section 40A(2)(b) of the Act." D.B. Income Tax Appeal No. 72 of 2010 admitted on 03.02.2011: "(i) Whether in the facts and circumstances of the case, the ITAT was justified in law in allowing the deduction under section 80IB when the assessee does not fall in the same?" D.B. Income Tax Appeal No. 348 of 2011 admitted on 12.10.2011:- "(i) Whether the Tribunal was justified in answering the issue contained in paragraph 17 and 19 of the impugned order as ground no. 1 and 2 against the Revenue (appellant herein) without assigning any reasons except to rely upon their earlier view said to have been taken by the Tribunal in respect of this very assessee for the previous year without quoting as to what was that view? (ii) Whether Tribunal was justified in holding that assessee is entitled to claim deduction of Rs. 1,29,629/- by taking recourse to the provisions of Section 40A(2)(b) of the Act? (iii) Whether Tribunal was justified in holding that assessee is entitled to claim benefit of deletion of Rs. 80,91,340/- as required under Section 80IB of the Act?" D.B. Income Tax Appeal No. 365 of 2011 admitted on 9.4.2012:- "(i) Whether under the facts and circumstances of the case ITAT is justified in confirming the order of CIT(A) of allowing the deduction under Section 80IB of Rs. 48,29,638/- which was disallowed by the AO, particularly when the assessee does not fulfill the conditions laid down for claim of deduction under Section 80IB of the Act? (ii) Whether under the facts and circumstances of the case and in law, the ITAT is justified in confirming the order of CIT(A) of deleting the addition of Rs. 3,15,647/- made by the AO on account of interest paid to specified persons under section 40A(2)(b)? (iii) Whether under the facts and circumstances of the case the ITAT is justified in confirming the order the CIT(A) directing the AO to allow expenses of Insurance of Rs. 80,122/- relating to earlier year?" ;