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2014 (6) TMI 100 - ITAT AHMEDABADDisallowance of deduction u/s 80IB of the Act – Factory license issued on 19/05/04 – Manufacturing activity not started on or before 31/03/04 – Held that:- The assessee applied for license in March 2004 but was granted in the month of April 2004 - Following Commissioner of Income-tax Versus Jolly Polymers [2012 (4) TMI 398 - GUJARAT HIGH COURT] - the authorized representative of the assessee was given to understand that the appeal shall be sent back to the file of AO for the purpose of verifying as to whether the appellant had actually moved an application for obtaining Factory's License on or before 31/03/04 and on that basis, the hearing came to be concluded – as per the decision the assessee is fully entitled to gent deduction u/s 80IB of the Act – thus, the miscellaneous application is allowed – Decided in favour of Assessee.
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