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    <title>2013 (3) TMI 488 - GUJARAT HIGH COURT</title>
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    <description>Deduction under Section 80IB(4) depends on lawful commencement of manufacture, not merely on the fact of production within time. Where no factory licence application was made before the cutoff date, the defect was treated as substantive non-compliance because running a factory without the required licence was legally prohibited, and the deduction was not available. By contrast, where the assessee had applied for the licence before the cutoff date and the licence was issued shortly thereafter, the delay was regarded as technical and could not by itself justify denial of the deduction. The governing distinction was between complete failure to seek the licence and delayed grant after timely application.</description>
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    <pubDate>Wed, 01 Feb 2012 00:00:00 +0530</pubDate>
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      <title>2013 (3) TMI 488 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=221722</link>
      <description>Deduction under Section 80IB(4) depends on lawful commencement of manufacture, not merely on the fact of production within time. Where no factory licence application was made before the cutoff date, the defect was treated as substantive non-compliance because running a factory without the required licence was legally prohibited, and the deduction was not available. By contrast, where the assessee had applied for the licence before the cutoff date and the licence was issued shortly thereafter, the delay was regarded as technical and could not by itself justify denial of the deduction. The governing distinction was between complete failure to seek the licence and delayed grant after timely application.</description>
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      <pubDate>Wed, 01 Feb 2012 00:00:00 +0530</pubDate>
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