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2011 (5) TMI 587 - AT - Income TaxDeduction u/s 80-IA/80-IB - to be complied with in the initial year or in all the assessment years in which the assessee is eligible for deduction - Held that:- The facts on record clearly prove that the assessee has not taken over the complete units, but has purchased most of the assets of those units and the units got merged with the unit of the assessee - The expansion or extension of a existing unit, will not disentitle the assessee to claim deduction under section 80-IA/80-IB so that the profit increased to the expansion or extension of the industrial undertaking will not be eligible for deduction under section 80-IA/80-IB - it is a case of substantial expansion and extension of the industrial unit not of running three separate units which has complied with the conditions as stipulated under section 80-IA /80-IB eligible for deduction under those provisions when the assessee company was form - Decided in favor of the assessee Personal expenditure - disallowance - mobile phone expenses, telephone and car expenses assessee - Held that:- The directors and the employees of the company as per the terms and condition of their appointment are entitled to use the case for personal purpose as well as to avail facilities of mobile/phone calls in view of decision in the case of Sayaji Iron And Engg. Co. Versus CIT [2001 (7) TMI 70 - GUJARAT HIGH COURT] - thus as in the interest of justice and fair play to both the parties, set aside this issue and restore this issue to the file of Assessing Officer with the direction that the Assessing Officer shall re-decide this issue after looking into the terms and conditions of the employees as well as the directors - in favour of assessee by way of remand.
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