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2011 (4) TMI 5 - HC - Income TaxCondonation of delay - Mis. Petition filed under section 254 of the Income-tax Act, earlier Judgment has been modified by its order dated 15-6-2006 – There is no delay since the appeal filed being aggrieved by the order passed in Miscellaneous Petition filed under section 254 of the Act Disallowance u/s 80HH & 80I - The respondent/assessee by filing the return of income for the relevant assessment year, claimed deduction under sections 80HH and 80-I on the ground that it has established an Industrial Vanaspathi Unit for the first time - Assessing Officer held that the assessee has only modernized the existing unit by utilizing the same machineries by adding some more new machineries and such establishment does not amount establishment of a new industry and did not considered the claim of the assessee under section 80HH - When new plant and machineries are erected during such relevant assessment year, such unit can be considered as newly established unit - Accordingly, the appeal is allowed
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