TaxTMI 
TaxTMI 
2017 (8) TMI 115
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....n challenged by the Department before the Hon'ble High Court. 2. During hearing, Shri Rajesh Kr. Yadav, ld. DR, advanced arguments, which is identical to the ground raised by contending that for Assessment Year 2005-06 and 2006-07, the deduction granted to the assessee has been challenged by the Department before the Hon'ble High Court. None was present for the assessee in spite of issuance of registered notices, on earlier occasions also. Today also, nobody appeared for the assessee nor any adjournment petition was filed. It seems that the assessee has nothing to say. 2.1. We have considered the submissions of Ld. DR and perused the material available on record. Before coming to any conclusion, we are reproducing hereunder th....
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....examined the issue and hold that the AO erred in denying the deduction claimed u/s. 80IB by coming to an erroneous view that old machinery had been transferred from the Mumbai unit to the Daman unit and which was more than 20% of the total value of plant and machinery. There is overwhelming evidence to clearly show that there was no transfer of plant and machinery during the Financial Year 2003-04; that the Mumbai unit situated at Sakinaka continued with its moulding and manufacturing operations during the financial year concerned Which is evident from the details of sales, Purchases, manufacturing expenses and statutory compliances made by the Mumbai Unit; that: the purchase of capital goods and work-in-progress of the Daman Unit,....
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....and since there is no Change in the facts, the ground of appeal in the instant case for A Y 2010-11 is also allowed.'.' 4.3. Following the: above decision of the my predecessor in the appellant's own case for AY 2010-11 and since there is no change in the facts, the ground of, the ground of appeal in the instant case for A Y 2011-12 is also allowed and AO is directed to grant the deduction u/s 80IB amounting to Rs. 4,04,93,929/- as claimed by the appellant. Hence, this ground of appeal is allowed." 1.3.2. Respectfully, following the above decision of my Ld. Predecessor in the assessee's own case, these grounds of appeal are thus dismissed. 2.2. The facts, in brief, are that during assessment proceed....
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....far as, the contention of the Revenue that the order of the Tribunal has been challenged before the Hon'ble High Court, is concerned, no contrary decision was brought to our notice, therefore, the order of the Tribunal as on date, stands. The assessee setup the industrial undertaking in industrially backward the state, wherein, certain benefits are extended to the assessee. The operation of Mumbai unit continued during the Financial Year-2003-04 at the normal scale. In the new unit, at Daman, new plant and machinery was installed during the first year of operation and further new additions were made during the Financial Year 2004-05. It is also noted that for Assessment Year 2005-06, the order of the Ld. Commissioner of Income Tax (Appe....