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2013 (10) TMI 647 - ITAT AHMEDABADDeduction u/s 80IB of the Income Tax Act - SSI unit or not - Assessee is a company engaged in the business of manufacturing and fabrication of plant and equipments, storage tanks and piping etc. and erectioning the same at the site of the customers. Assessee filed its return of income for A.Y. 2005-06 on 25.10.2005 showing total income of Rs. 39,66,727/-. The case was selected for scrutiny and thereafter the assessment was framed u/s 143(3) vide order dated 18.12.2007 and the total income was determined at Rs. 73,57,930/- - Held that:- For A.Y. 2004-05, the Assessee was disallowed deduction under 80IB as the Assessee's unit was not considered to be Small Scale Industrial unit - Report of the expert dated 14-6-2007 giving the valuation report of the machinery, equipment/ tools and tackles was not filed by the assessee before the AO and that the contents of the expert's report go to the root of the issue of disallowance made under Section 80IB that whether the assessee was a small scale industrial undertaking, and accordingly, it shall be in the interest of the justice to restore the issue to the file of the AO with direction to decide the same afresh in accordance with law after providing adequate opportunity of being heard to the assessee – Decided in favor of Assessee for statistical purpose.
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