2018 (10) TMI 805

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction 80IC(4) of the IT. Act, 1961. 3. The appellant prays that the order of Ld. CIT (A) on the above ground be set aside and that of the assessing offer be restored." 3. At the outset the Learned Counsel for the assessee submitted that identical issue came up before the Tribunal for the Assessment Years 2008-09 & 2009-10 in ITA.Nos. 3381 & 3382/MUM/2013 and the Tribunal by separate orders dated 30.11.2015 upheld the order of the Ld.CIT(A) in allowing the claim of the assessee u/s. 80IC of the Act. Copies of the orders are placed on record. 4. Ld. DR vehemently supported the orders of the authorities below. 5. We have heard the rival submissions, perused the orders of the authorities below. On a perusal of the order of the Tribunal in ITA.No.3381/MUM/2013 dated 30.11.2015, we find that the Revenue raised the following grounds: - "(i) The Learned CIT(A) has erred on facts and in law in deleting the disallowance of deduction u/s. 80IC amount to Rs..10,65,58,647/- made by the Assessing Officer without properly appreciating and legal matrix as clearly brought out by the Assessing Officer. (ii) The Learned CIT(A) has erred on facts and in law in holding that the assessee is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s located in an eligible area as certified by State Industrial Authorities and accepted by Excise & Sales Tax Department and the unit is located in the area notified in the CBDT Notification dated 04.11.2003 and further observed that the report in form of 10CCB was filed during the assessment proceedings. The order of CIT(A) further opined that deduction u/s 80-IC, Industrial Undertaking are not manufactured or produced any article or things as specified in XIII schedule alternatively undertaking engaged in manufacturing or production of article specified in schedule XIV are also eligible for deduction and clearly observed that assessee was covered under 80-IC (2)(a)(ia) as it was producing the goods in the notified area. The order of Id. CIT(A) further contend the reference of assessment order of AY-2007-08 observing therein as under: "(During the year, a company viz M/s. GM Partitions Pvt. Ltd. has amalgamated with the assessee company w.e.f 1/4/2006. The Hon'ble High Court, Mumbai has sanctioned the scheme of amalgamation vide their order dated 28th September, 2007. The amalgamated company has set up a partition manufacturing unit at Baddi which has been claimed to be eli....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ial Area or Theme Park, as notified by the Board in accordance with the scheme framed and notified by the Central Government in this regard, in any of the North-Eastern States; (b) which has begun or begins to manufacture or produce any article or thing, specified in the Fourteenth Schedule or commences any operation specified in that Schedule, or which manufactures or produces any article or thing, specified in the Fourteenth Schedule or commences any operation specified in that Schedule and undertakes substantial expansion during the period beginning- (i) on the 23rd day of December, 2002 and ending before the 1st day of April, [2007], in the State of Sikkim; or (ii) on the 7th day of January, 2003 and ending before the 1st day of April, 2012, in the State of Himachal Pradesh or the State of Uttaranchal; or (iii) on the 24th day of December, 1997 and ending before the 1st day of April, 2007, in any of the North-Eastern States. (3) The deduction referred to in sub-section (1) shall be- (i) in the case of any undertaking or enterprise referred to in sub-clauses (i) and (iii) of clause (a) or sub-clauses (i) and (iii) of clause (b), of sub-section (2), one hundred ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e scheme framed and notified by the Central Government; (ii) "Industrial Estate" means such estates, which the Board, may, by notification in the Official Gazette, specify in accordance with the scheme framed and notified by the Central Government; (iii) "Industrial Growth Centre" means such centres, which the Board, may, by notification in the Official Gazette, specify in accordance with the scheme framed and notified by the Central Government; (iv) "Industrial Park" means such parks, which the Board, may, by notification in the Official Gazette, specify in accordance with the scheme framed and notified by the Central Government; (v) "Initial assessment year" means the assessment year relevant to the previous year in which the undertaking or the enterprise begins to manufacture or produce articles or things, or commences operation or completes substantial expansion; (vi) "Integrated Infrastructure Development Centre" means such centres, which the Board, may, by notification in the Official Gazette, specify in accordance with the scheme framed and notified by the Central Government; (vii) "North-Eastern States" means the States of Arunachal Pradesh, Assam, Manipur....