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2010 (11) TMI 601 - ITAT DELHIDisallowed - Deduction u/s 80IC - assessee was maintaining separate books of account for eligible unit (Parwanoo unit). This aspect had been established by the report of the auditor - held that:- revenue has not brought any positive material on record to show that there was over or inflated billing for enhancing the profit - assessee was enjoying tax exemption from central excise duty for eligible unit which had led to the higher rate of profit for this unit - The higher rate of profit was also on account of exemption from payment of excise duty and differentiation in the product - assessee has established that the price of multiple MCBs cannot be aggregate of equal number of single pole MCBs - The units located at Jalandhar, Noida and Murthal are old units which are having old machinery in comparison to the newly established unit at Parwanoo which had also given higher rate of profitability - Decided in favour of the assessee
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