TaxTMI 
TaxTMI 
2015 (2) TMI 405
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....Honourable Mr. Justice Jayant Patel) 1. The Revenue has preferred the present appeal on the two substantial questions of law as mentioned in Paragraph 2 of the memo of appeal. However, the learned counsel submits that the essential question is question [2][i], which would arise for consideration, the same reads as under: - 2. (i) Whether in the facts and circumstances of the case, the learne....
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....h 8: "We have heard the rival submissions and perused the material on record. It is undisputed fact that Assessee has claimed u/S.80IB and u/S.10B of the Act. It is also a fact that the deductions have been claimed by the Assessee in the past and has also been allowed in the scrutiny assessments. We find that AO has also not disputed that the Assessee is engaged in the manufacturing of goods an....
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....at even after the rejection of books of accounts, the total income before deduction has not been disturbed by AO. Before us, Revenue has not brought any material on record to support the contention of the AO that Assessee has produced more than the installed capacity and the AO has proceeded on the basis of presumption. Considering the totality of the aforesaid facts, we are of the view that AO wa....
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.... upon the facts of each case. In any case, before discarding of books of accounts, genuineness of the entry or entries in the books of accounts would be required to be tested. The Tribunal found that the production data are not found doubtful by any other regulatory authority. The Tribunal has relied upon the fact that the books of accounts which were duly audited. In our view, if the Tribunal has....