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2010 (12) TMI 521 - AT - Income TaxDeduction u/s 80IB - assessee company had 6 manufacturing/trading units related to photo sensitized goods/chemicals and photographic equipment etc. at various locations, along with return of income filed, the assessee submitted its P and L A/c showing its manufacturing/trading activities in different products, unit-wise - Apropos interest receipts, the AO held that the interest earned had been derived from FDRs kept as margin money/bank guarantees for import of raw-material, due to which, the interest earned was to be excluded from the profits of the eligible units for calculation of deduction u/s 80IB of the Act Regarding the insurance claims received by the assessee on account of goods in transit, the AO relied on "CIT vs. Khemka Container P. Ltd.", 275 ITR 559 (P and H) to hold that as such claims received could not be held to be income derived from industrial undertaking so as to qualify deduction u/s 80IB of the Act Regarding disallowance u/s 14A - Rule 8D of the I.T. Rules - This was done without pointing out any inaccuracy in the method of apportionment or allocation of expenses, as adopted by the assessee - The onus was on the AO to establish any such expenditure. This onus has not been discharged - Appeal is dismissed
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