TaxTMI 
TaxTMI 
2022 (8) TMI 122
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....me-tax (Appeal) is bad in law and in facts. 2. That the Ld. CIT(A) has erred in upholding the disallowance of Rs 55,00,000/- of fixed assets written off in profit and loss account. 3. That the Ld. CIT(A) has erred in upholding the addition of Rs 1,85,559/- u/s 43B on account of nonpayment contribution to PF/ESI. 4. That the Ld. CIT(A) has erred in upholding disallowance of claim made u/s 80IC without considering the fact that the similar claim has been accepted in earlier years. 5. The appellant craves leave to alter, amend or add any other ground of appeal either 3. Grounds no. 1 to 5, being general grounds, do not require specific adjudication. 4. Since ground no. 4 will have a bearing on ground nos. 2 and 3, at the outset, we p....
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....sallowed assessee's claim of deduction. Contesting the disallowance of deduction claimed under section 80IC of the Act, assessee preferred an appeal before learned Commissioner (Appeals). 6. Being satisfied with the submissions of the assessee that as per the decision of the Hon'ble Delhi High Court in case of Ajay Kumar Sharma Vs. CIT, 351 ITR 428, deduction under section 80IC is allowable on PET and HDPE bottles, learned Commissioner (Appeals) held that the Assessing Officer's view that section 80IC deduction is not allowable on the products manufactured by the assesse is unsustainable. However, he upheld the disallowance of deduction claimed under Section 80IC of the Act on the reasoning that the assessee failed to furnish the required ....
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....nclusion that all the conditions of section 80IC of the Act are satisfied, the matter ends there and fulfillment of conditions under section 80IC cannot be examined in any future assessment year. He submitted, assessee's claim of deduction under section 80IC of the Act was not only examined in assessment year 2005-06, the first year of claim, but, was also examined in subsequent assessment years. Rebutting the observations of the departmental authorities that in subsequent years, the assessments have been made under section 143(1) and not under section 143(3), learned counsel drew our attention to the assessment order passed under section 143(3) of the Act for the assessment year 2007-08, wherein the Assessing Officer, after examining asses....
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....sment year 2005-06. It is further evident, the assessee had undertaken expansion of the unit in financial year 2007-08 and has invested an amount of about Rs. 4 crores in plant and machinery. On a careful reading of the assessment order, it is evident, the only reason on which the Assessing Officer has rejected assessee's claim of deduction under section 80IC of the Act is, the products manufactured by the assessee come within Schedule 13 of the Act, hence, do not fulfill the condition of section 80IC(2)(a) of the Act. The Assessing Officer has not specifically assigned any other reasons for denying assessee's claim of deduction under section 80IC of the Act. While deciding the issue in appeal, learned Commissioner (Appeals) has held that t....
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....f the aforesaid assessment order would clearly reveal that the Assessing Officer has specifically examined the issue relating to assessee's claim of deduction under section 80IC of the Act. Thus, when assessee's claim of deduction under section 80IC of the Act was thoroughly examined in the preceding assessment years and after getting satisfied that the conditions prescribed for claiming deduction have been fulfilled, the Assessing Officer allowed the deduction claimed, such claim of deduction in a subsequent assessment year cannot be rejected without bringing any new fact and material on record, that too, purely on general observations. The decisions cited before us by learned counsel for the assessee support this view. 12. In view of the....