TaxTMI 
TaxTMI 
2018 (7) TMI 1962
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....the order dated 24/10/2017 passed by the Ld. Commissioner of Income Tax (Appeals)-2 Ludhiana is bad in law being based on incorrect appreciation of facts and law. 2) That the order dated 24/10/2017 passed by the Ld. Commissioner of Income Tax (Appeals)-2 Ludhiana merely based of order passed by his predecessor for the Ass. Year 2013-14, without looking into provisions of section 80IC. 3 That on the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals)-2 Ludhiana erred on facts and in law in holding that provisions of section 80IC recognized only one initial assessment year. 4. That on the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals)-2 L....
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....0 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'ble High Court in this regard at para 55 of the order as under: "55.Thus, in view of the above discussion, these appeals are allowed and orders passed by the Assessment Officer as well as the Appellate Authority and the Tribunal, in the case of each one of the Assesses, are quashed and set aside, holding as under: (a) Such of those undertakings or enterprises which were established, became operational and fun....
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....erification 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 reveals that the Assessing officer has not disputed that the assessee unit has carried out substantial expansion as provided under clause (b) of sub section (2) read with clause (ix) of sub section (7) of section 80IC of the Act. Almost similar view has also been taken by the Hon'ble Himachal Pradesh High Court in the case of 'M/s 5 Stovekraft India vs. Commissioner of Income Tax' (supra) in the following concluding para of the order:- "58. On facts, ....