2014 (5) TMI 515

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....l Gupta, Ms. Padma Divakar ORDER P. C. 1. This is an Assessee's appeal challenging the concurrent order of the Commissioner of Income Tax (Appeals) dated 15.2.2006 and for the assessment year 2002-2003. The Assessee's appeal for this assessment year was considered and heard alongwith the appeal of the Revenue being ITA no.30/PN/2007 which was directed against the order of the Comm....

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.... the Assessing Officer. The Tribunal lost sight of the fact that as far as Section 80IB (3)(i) is concerned, that is applicable to the industrial undertaking and which need not be a small scale industrial undertaking. In relation to the present appellant, it has not been held to be fulfilling the condition prescribed in this clause simply because it is manufacturing tobacco. If this was the case t....

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.... in Clause (i), then the disallowance has been rightly confirmed. The appellant has been throughout manufacturing tobacco and making claims which appear to be contradictory. If it was a small scale industrial undertaking manufacturing tobacco, then, it ought to have fulfilled the condition of manufacturing and producing articles or things during the period beginning from 1.4.1995 and ending on 31.....

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....e development. Such of the industrial undertakings or enterprises which are engaged for infrastructure development alone are covered by Section 80IA. In these circumstances, the disallowance has been rightly confirmed throughout. 5. The appeal does not raise any substantial question of law. The circular relied upon and issued by Central Board for Direct Taxes is of no assistance to the Assessee....