2019 (2) TMI 1077

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..../LKW/2011 for assessment year 2008-09 in which following substantial questions of law have been framed:- "I. Whether the ITAT was right in holding that the Appellant was not entitled to claim deduction of Rs. 45,50,025 under Section 35(1)(iv) of the Act? II. Whether the VAT Return of March 2008 and certificates dated 05.06.2010 and 13.08.2010 issued by the statutory Vat Authorities are Public Documents under Section 74 of Evidence Act, certifying the first date of production of food division on 25.03.2008, the ITAT rightly held as not valid piece of evidence to allow deduction amounting to Rs. 40,50,025/- u/s 35(1)(iv) of IT Act? III. Whether the Assessment order for A.Y. 2007-08 (01.01.2008 to 31.03.2008) dated 3....

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....ed Form No. 3CD which gives statement of particulars required to be furnished under Section 44AB of Income Tax Act in which against column No. 8 the appellant has furnished information that it was engaged in manufacture of Implantable Surgical Devices and Disposable Drops and Dressup and there was no change in the nature of business or profession. Further, it was also noticed by the Assessing Authority from profit and loss account of the assessee and the details of raw-materials consumed, nowhere appellant has made any reference with regard to production and profit from the Food Division. Further, from Auditor's Report, it also does not reveal any change in business activities as compared to the activities in the immediately prece....

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....pellant preferred an appeal before the Commissioner of Income Tax (Appeals) Bareilly who, vide its order dated 4.3.2011, allowed the appeal of the assessee and allowed the deduction as claimed. Against the order of CIT (Appeals), the Revenue filed an appeal before the Tribunal. The Tribunal by the impugned order has allowed the appeal of the Revenue and restored the order of the Assessing Authority. Against the impugned order the present appeal has been filed. We have perused the record of the appeal which shows that the appellant in support of its claim has not only produced relevant purchase and sale vouchers/bills but has also submitted a survey report and certificate issued by the Commercial Tax Department. On 14.1.2008, the surve....