2015 (5) TMI 79

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....s. For the Respondent : Shri S Krishnan, Adv. ORDER 1. This matter is taken up today since 14.04.2015 was declared a holiday. 2. The revenue is in appeal against various orders of the Income Tax Appellate Tribunal (ITAT) in respect of the assessee whose claim for deduction under Section 80-IA of the Income Tax Act, 1961 (hereafter "the Act") was confirmed by the CIT(A). The ITAT reject....

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....ter cessation of Section 80-I benefit. Thereafter, Unit-I used to perform job work in respect of orders procured by Unit-II. When the assessee claimed benefit of Section 80-IA for AY 2001-02, the Assessing Officer (AO) denied the claim on the ground that this amount to subterfuge as the machinery and other equipment of Unit-I was being used for manufacturing activities of Unit-II. The CIT(A) went ....

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....appropriate profits, if any, relatable to activities carried out by Unit-I and compute the deduction accordingly." 4. By the impugned order, ITAT affirmed the findings of the order of CIT(A). The ITAT was of the opinion that given the nature of the order of the CIT(A) who had remitted the matter to the AO for computation purposes to allow such benefit of Section 80-IA, having regard to the acti....

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....unit of the respondent-assessee located at A-10, Sector 59, Noida was not formed by splitting up, or reconstruction, of a business already in existence?" 7. The order of the CIT(A) in the present case took note of the fact that the AO denied altogether the benefit of Section 80-IA on the terms that there was no manufacturing activity at all in Unit-II. The AO apparently completely ignored the f....