2014 (1) TMI 1137

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l. "2. The Ld. CIT(A) Panaji, has erred in deleting the addition U/s 80IB of the I.T. Act made by AO amounting to Rs. 34,17,662/-. 3. The assessee business activity is not at all falling under manufacturing activities with the ambit of section 80IB of the I.T. Act. Therefore, the assessee is not entitled for deduction u/s 80IB of the I.T. Act. 4. The ld. CIT(A)-Panaji, has erred in allowing exemption u/s 10B amounting to Rs.18,09,409/- being an excess disallowance towards sale of scrap." 3. The ground nos. 1 and 5 are general in nature. Therefore, do not require any adjudication. 4. Ground nos. 2 and 3 are duly covered by the decision of this Bench of the Tribunal in ITA No. 77/PNJ/2013 for the A.Y 2006-07 dt. 13.9.2013 in which this T....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e particularly when there is no change in the facts and circumstances of the case of the Assessee. This view is supported by the decision of Hon'ble Bombay High Court in the case of CIT vs. Gopal Purohit, 336 ITR 287. Therefore, respectfully following the decision of the jurisdiction High Court, we dismiss the Department's appeal." Respectfully following the aforesaid decision of this Tribunal, we confirm the order of CIT(A) and allow the deduction to the Assessee u/s 80-IB amounting to Rs.34,17,662/-. Thus, ground nos. 2 and 3 stand dismissed. 5. Ground no. 4 relates to the claim of deduction u/s 10B. The brief facts relating to this ground are that the Assessee is an 100% EOU. The Assessee has claimed deduction in accordance with Sec. 1....