TaxTMI 
TaxTMI 
2021 (4) TMI 170
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....Rest. 1,52,99,487 claimed by the appellant under section 80-IB of the Income-tax Act, 1961 ('the Act'), in respect of profits of Agartala unit. 1.1 That the CIT(A) erred on facts of the case and in law in not appreciating on merits that Agartala unit of the appellant being set up in north-eastern region, was eligible deduction @ 100% of the profit of the business, in terms of the second proviso to sub-section (4) of section 80-IB of the Act read with notification No. SO-627(E) dated 04-08-1999. 1.2 That the CIT(A) erred on facts of the case and in law in not appreciating that the doctrine of res judicata is not applicable to the tax laws. 1.3 That the CIT(A) erred on facts of the case and in law in not ana....
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....l before the CIT(A). The CIT(A) partly allowed the appeal of the assessee. 5. As regards Ground No. 1, Ground No. 1.1, 1.2 and 1.3 pertaining to Agartala Unit of assessee which was set up in North East region, the Ld. AR submitted that assessee's unit was set up at Agartala, Tripura which is specified in the 8th Schedule of Act and accordingly is eligible for deduction as per the provisions of Section 80IB(4) of the Act. The assessee in the aforesaid unit has carried out manufacturing and production of relevant article during Financial Year 2001-02. The relevant Assessment Year falls in the tenure period specified in Section 80IB(4) of the Act. Therefore, the assessee is eligible for deduction u/s. 80IB(4) at 100% in the return incom....
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...."48. Keeping in view the facts inter alia that the assessee company has been held to be mineral based industry as per our findings returned in the preceding paras, it is prima facie entitled for deduction u/s. 80IB; that assessee by raising additional grounds sought deduction under second proviso to section 80IB(4) @ 100% profit of the undertaking set up at Duliajan in terms of Notification No. SO-627(E) dated 04.08.1999; that applying the ratio of judgment of Hon'ble Apex Court in the case of National Thermal Power Company (supra), the taxmen are required to correctly assess the tax liability of the assessee which includes admissibility of the deductions if any; that rule or procedure are hand-made of justice and merely on the ground t....
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...., remand back this issue to the file of the Assessing Officer for proper adjudication in relation to the findings given by us and decide the issue afresh. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. Ground No. 1, 1.1, 1.2 & 1.3 are partly allowed for statistical purpose. 8. As regards Ground No. 2 and 2.1, the Ld. AR submitted that the assessee had paid remuneration to the Director including sitting fees for attending the Board Meetings etc. to the extent of Rs. 2,55,000/- as contended by the Assessing Officer and hence, the assessee was liable to deduct TDS as per provisions of Section 194J on the amount pay/credited as Director sitting fee and thus disallowed the same. The L....