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of <h1>Appeal allowed despite filing delay; Deduction granted under section 80IB for new unit setup.</h1> <h3>Shri Abbas Nabi Shaikh Versus The Assistant Commissioner of Income Tax, Vapi</h3> Shri Abbas Nabi Shaikh Versus The Assistant Commissioner of Income Tax, Vapi - TMI Issues:- Delayed filing of appeal- Disallowance of deduction U/s.80IB of the Income Tax ActDelayed Filing of Appeal:The appeal was filed belatedly by about 270 days due to a mistake by the appellant's staff. The Tribunal cited precedents emphasizing that a meritorious matter should not be dismissed solely due to a delay in filing, as it may lead to a denial of justice. The delay was condoned, and the appeal was considered on merits.Disallowance of Deduction U/s.80IB of the Income Tax Act:The Assessing Officer and the CIT(A) disallowed the deduction claimed by the appellant under section 80IB, arguing that the industrial undertaking should not be formed by splitting up or reconstruction of an existing business. However, the ITAT decisions in the appellant's own case clarified that setting up a new unit with new machinery and infrastructure, even for the same business, does not constitute reconstruction. The key distinction lies in the change of location and installation of new assets. The Tribunal found no merit in the Revenue's grounds and allowed the appellant's claim under section 80IB for the new unit.In conclusion, the Tribunal allowed the appeal, holding that the appellant was entitled to the deduction under section 80IB for the year in question based on the precedents and legal interpretations provided in the judgment.
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