2016 (8) TMI 1499

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....rasoon Kalra, Sr.D.R. ORDER Shri Mahavir Prasad, J M 1. This appeal is preferred by the assessee against the order of the Ld. CIT(A), Ahmedabad interalia on following grounds:- "1. The Ld.CIT(A) has erred in law and on facts in deleting disallowance of Rs. 41,05,138/- made by the Assessing Officer on account of denial of deduction claimed 80IB(11A) for not satisfying the conditio....

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.... Section 80IB(11A) of the Act. Accordingly, claimed deduction of Rs. 41,05,138/- being 30% of the income claimed to be eligible for deduction u/s 80IB(11 A) of the Act of gross total income of Rs. 1,36,83,793/-. Thereafter, notice was served to the appellant by the Assessing Officer and stated that a perusal of P&L account indicates that the company has merely incurred certain expenses in freight ....

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....essing Officer has held that the assessee could not adduce any evidence that it is engaged in the other two limbs of business of transportation and storage within the meaning of integrated business of handling, storage and transportation of foodgrains as per the provisions of section 80IB(11A) of the Act. The Assessing Officer therefore disallowed of deduction u/s 80IB(11A) of the Act and assessed....

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.... of foodgrains and accordingly entitled for deduction u/s 80IB(11A) of the Act. He observed that the Assessing Officer was not justified in holding that the transportation was not owned by the assessee and therefore, it does not satisfy all the conditions. 4. The Learned Departmental Representative strongly relied on the orders of the lower authorities and submitted that the assessee, not being....