2018 (1) TMI 1471

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....dl. CIT ORDER Per Sanjay Garg, Judicial Member: This appeal has been preferred by the assessee against the order of Ld. Commissioner of Income Tax (Appeals), [hereinafter referred to as 'CIT(Appeals)']-2, Chandigarh dated 25.10.2016 relating to assessment year 2013-14. 2. The only ground raised by the assessee reads as under: That on the facts and in the circumstances of the c....

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....esh High Court vide their order dt. 28 November 2017 in the group of cases with the lead case titled as M/s Stovekraft India vs. Commissioner of 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 s....

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....its which have commenced production after 7.1.2003 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 expansion....

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....e assessee has actually carried out the substantial expansion to be entitled to claim deduction u/s 80IC of the Act. 6. 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 expansion as provided under clause (b) of sub sec....