2013 (6) TMI 882 - AT - Income Tax

Appellate Tribunal Upholds Deduction for Manufacturer

Asstt. Commissioner of Income Tax 2 (1) Bhopal Versus M/s Kilpest India Pvt. Ltd.

The Appellate Tribunal upheld the decision of the CIT(A) to allow the deduction under section 80IA for the assessee company, finding that the unit in ... - Issues involved: The issue involved in this case is the challenge by the Revenue against the order of the learned CIT(A) deleting the disallowance made by the Assessing Officer of a certain amount claimed by the assessee company u/s 80IA of the Act.Details of the Judgment:Issue 1: Disallowance under section 80IA of the ActThe Appellate Tribunal considered the arguments presented by both sides. The learned CIT(A) allowed the deduction u/s 80IA for the assessee company based on the submission that the unit in question was set up independently for manufacturing micronutrient fertilizers, not as an expansion of an existing unit. The Tribunal noted that the audit report was filed before the assessment, fulfilling the conditions of section 80IA(7) of the Act. The Tribunal cited various judicial decisions supporting the view that filing the audit report along with the return is not mandatory but directory, and if filed before assessment, the conditions are deemed to be met. The Tribunal found no justification to interfere with the CIT(A)'s order based on these facts and legal precedents.Separate Judgement by Judges:The order was pronounced by Shri Joginder Singh, Judicial Member, in the presence of representatives from both sides on 19.6.2013.