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2012 (12) TMI 410 - AT - Income TaxDeduction u/s 80IA - AO disallowed the claim on the ground that assessee has not employed 10 or more persons – AO however held that the assessee has employed only 4 to 5 workers and has disallowed the part of salary - Held that:- The ITAT, Pune, vide its order dated 30-06-2008 held that the claim of the appellant about employment of workers is correct and accordingly the disallowance out of salary to workers was deleted. Not carried out any activity of manufacturing – Held that:- As there was no conclusive evidence to prove this to the hilt, but there is no evidence to dislodge the claim of the assessee supported by excise and other statutory records as also by the evidence of purchase of raw material etc. that the production of PCB took place in Silvassa. Deduction allowed. In favour of assessee Addition on account of payment to labour contractors – Assessee contended that the incorrect noting was made by the supervisor and appellant is not concerned with the same - Held that:- As the noting in the seized material about an amount of Rs. 3,60,000/- is receivable from the contractors. The contention of the appellant in respect of the said amount is not acceptable in view of the noting found in seized material. Delete the balance addition made by AO as confirmed by ITAT, Pune. Appeal partly allowed in favour of assessee
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