2018 (3) TMI 1817

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....jay Gupta, CA For the Respondent : Sh. Gulshan Raj, CIT DR ORDER Per Bench: The above captioned appeals relating to the different assessment years have been preferred by the assessee against the separate orders of Commissioner of Income Tax (Appeals), [hereinafter referred to as 'CIT(A)']-2, Chandigarh dated 10.11.2016. 2. Since the issues raised in both the appeals are identical, t....

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....r notice that the issue involved in these appeals has already been adjudicated by the Hon'ble Himachal Pradesh 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 ther....

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....n 80-IC of the Act, for the period for which they were not entitled to the benefit of deduction under Section 80-IB. (b) Such of those units 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....

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....dictional High Court. It was, however, submitted that the issue be restored to the file of the Assessing officers 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. 8. We do not agree to the above contention raised by the Revenue at this stage. A perusal of the orders of the Assessing officers rev....