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2013 (9) TMI 297 - AT - Income TaxDeduction u/s 80IC - Eligibility - Flour Mill versus Roller Flour Mill - Held that:- Assessee was running Flour Mill on which deduction u/s 80IB(4) has already been allowed by the Assessing Officer at 25%. Later on it is claimed that the same was upgrade to Roller Flour Mill and the assessee was entitled to 100% deduction u/s 80IC. - the assessee though argued that this item should be interpreted on the basis of a trade name but no Trade Journal or any other material was produced to show that in the trade parlance "Flour Mill" is distinct from "Roller Flour Mill". In any case the assessee itself has been shown to be running a Flour Mill - even in the trade Roller Flour Mill and Flour Mill is understood as one and same and in any case as observed in case of Pooja Industries (2013 (9) TMI 295 - ITAT CHANDIGARH) there is no material before us to reach a different conclusion. - Assessee is not entitled to deduction u/s 80IC - Decided against the assessee. Disallwance u/s 40((a)(ia) - No deduction of TDS or Non deposit of TDS even before due date of filing of return - Whether disallowance u/s 40(a)(ia) of the I.T Act could be made only in respect of such amounts which are payable as on 31st Mach of the year under consideration - Held that:- Hon'ble Gujarat High Court has considered all aspects of the issues raised in the decision of Special Bench in case of Merilyn Shipping Transporters V. ACIT (2012 (4) TMI 290 - ITAT VISAKHAPATNAM). We further find that that even Hon'ble Calcutta High Court has overruled this decision in case of CIT Vs. Cresent Export Syndicate [2013 (5) TMI 510 - CALCUTTA HIGH COURT]. Moreover Chandigarh Bench of the Tribunal consistently has been following the decision of Hon'ble Gujarat High Court in case of CIT V. Sikandarkhan N Tunwar and others (2013 (5) TMI 457 - GUJARAT HIGH COURT) as well as the decision of Hon'ble Calcutta High Court in case of CIT Vs. Cresent Export Syndicate (2013 (5) TMI 510 - CALCUTTA HIGH COURT). Therefore, with respect to above we decline to following the decision of Hon'ble Allahabad High Court for the above reasons. - Decided against the assessee.
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