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2013 (9) TMI 399 - AT - Income TaxClaim of deduction u/s 80IB of the Income Tax Act – Small scale industry - whether being "located in an industrially backward State" of Pondicherry, there is no need to fulfil the requirements of SSI - Held that:- For claiming deduction, certain conditions are to be necessarily satisfied - It is also clear that the conditions above said do not apply in case the undertaking in question is either a small scale industry or it operates from an industrially backward region and if any of the above said condition is satisfied, the concern undertaking becomes eligible for claiming deduction. Pleadings of the Revenue only challenge the status of the assessee as small scale industry and the findings of the CIT(A) that the place of assessee’s business is in an industrially backward State i.e. Pondicherry - Even if it is hold that the assessee is a small scale industry, still it is entitled for claim of deduction in view of section 80IB(4) of the “Act” since it is operating from an industrially backward State - Assessee satisfies the relevant provision of section 80IB(4) of the “Act” and arguments of the Revenue that it is not a small scale industry or it manufacture an item contained in Schedule XI of the “Act” do not hold any ground – Decided against the Revenue.
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