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2010 (6) TMI 629 - ITAT CHANDIGARHDeduction under s. 80-IC of the Act - CIT noted that the claim was made for the first time in the financial year 2004-05 as the said unit had commenced production in the year itself. The AO had allowed the claim of deduction under s. 80-IB of the Act. The CIT observed that the deduction under s. 80-IB of the Act was not allowable to the unit commencing manufacturing/production or articles or things after 31st March, 2004. The CIT also noted that the audit report in Form No. 10CCB was not filed along with the return of income – The assessee claims to have filed the report in connection with claim of deduction under s. 80-IC and audit report, pursuant to the letter issued by AO, after the passing of the assessment order, but prior to issue of show-cause notice under s. 263 of the Act. - Held that:- plea of the assessee of its reply to the show-cause notice issued under s. 263 of the Act has not been addressed by the CIT. The CIT has failed to address the issue of documents being available on 'record', matter is remitted back to the file of CIT. Depreciation on vehicles - addition of Rs. 40,000 lump sum on various expenses claimed on vehicles - similar disallowance is merited out of the depreciation claimed on the vehicles – Held that:- once the AO on consideration of the facts had made an addition of Rs. 40,000 out of various expenses claimed on vehicle and there is no merit in invoking the jurisdiction under s. 263 of the Act for making further disallowance on account of depreciation on such vehicles, addition deleted, ground of appeal raised by the assessee are allowed, appeal of the assessee is partly allowed
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