2015 (11) TMI 1001

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.... For the Respondent : Mr Vishal Mohan, Adv ORDER Sanjay Karol, Judge Appeal stands admitted on the following substantial question of law: Whether the assessee is entitled to claim deduction under Section 81IC(4) without placing on record any documents in support of his claim that the imported machines had not been used in India, especially since the machines were purchased by the ass....

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.... "80IC. (1) Where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section (2), there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction from such profits and gains, as specified in sub-section (3)." ....

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....e following conditions are fulfilled, namely:- (a) Such machinery or plant was not, at any time previous to the date of the installation by the assessee, used in India;" 6. The provision of the statute being unambiguously clear, the assessee would be entitled for deduction only if the machinery imported by M/s Printer Park, Chennai was not put to use in India for any purpose. 7. Wit....