2017 (12) TMI 1638

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....ed 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 u/s 80IC(2) and confirming the  deduction....

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....s 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'ble High Court in this regard at para 55 of the orde....

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....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) Correspondingly, there can be more than one initial Assessment Years.    (e) Wi....

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....er 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 reveals that the Assessing officer has not  disputed that the assessee unit has carried out substantial &nb....