2017 (12) TMI 1638

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....arg,   This appeal has been preferred by the assessee against  the order of Ld. Commissioner of Income Tax(Appeals),  Shimla [hereinafter referred to as 'CIT(Appeals)'] dated  25.04.2017 relating to assessment year 2013-14.   2. Grounds raised by the assessee read as under:   1. The Ld. CIT(A) is wrong in disallowing the benefit of  substantial expansion....

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....nbsp;Income Tax, ITA No.20 of 2015,  and it was pointed out that  the Hon'ble High Court had decided the issue in favour of  the assessee, holding that there is no bar  in the said  section  denying the benefit of hundred percent deduction  to new units undertaking substantial expansion. Our  attention was drawn to the relevant conclusions of the  Hon'b....

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....003 and carried out substantial expansion prior to 1.4.2012, would also be entitled to benefit of deduction at different rates of percentage stipulated under Section 80-IC.    (c) Substantial expansion cannot be confined to one expansion. As long as requirement of Section 80-IC(8)(ix) is met, there can be number of multiple substantial expansions.    (d) Corre....

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....tted that the issue be restored to  the file of the Assessing officer for verification as to  whether the assessee has actually carried out the  substantial expansion to be entitled to claim deduction u/s  80IC of the Act.    5. We do not agree to the above contention raised by the  Revenue at this stage. A perusal of the order of the  Assessing officer r....