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2014 (10) TMI 826 - AT - Income TaxDeduction under section 80-IC - CIT (Appeals) allowing 50 per cent. of the claim - Held that:- Reasoning of the Assessing Officer that the assessee had not furnished any proof of installation of machinery has since been controverted, inter alia, by the Commissioner of Income-tax (Appeals) in her findings that the Deputy Director, Industries, Department of Industries, Baddi, Himachal Pradesh has issued a certificate of allocation of registration number for small scale enterprise for manufacturing of transducers, meters etc., showing date of commencement of commercial production on April 11, 2007. Ostensibly, the finding of the Commissioner of Income-tax (Appeals) has not been dispelled by the Revenue by placing any document or material on record. The finding of the Commissioner of Income-tax (Appeals) that the appellant explained that the time recorded on the invoice issued by M/s. SML was subsequent to the despatch of the material on the basis of challan. The appellant has correlated the entry of goods as per delivery challan and the despatch of the finished material from its gate register. The time required for assembly and testing of the product varies between two to six hours and the items purchased from M/s. SML are circuit card assembly which are the basic raw material for mounting of variable components based on customer requirements has also not been challenged as incorrect by placing any material/document on record by the Revenue. On the contrary, the assessee had produced positive proof that it was a manufacturing/assembling unit. Therefore, we uphold the order of the Commissioner of Income-tax (Appeals) which is in accordance with law and that no interference is called for. - Decided against revenue.
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