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2014 (1) TMI 911 - AT - Income TaxDeduction u/s 80IB of the Act allowed – Merits of factory license challenged – Failure to prove commencement of manufacturing activity on or before 31.03.2004 – Held that:- The Assessing Officer in his order has noted that the licence was issued by the Chief Inspector of Factory on 12.10.2004 - there is nothing on record to show as to when the application for factory licence was made by the Assessee and when the same was received – Relying upon CIT vs. Jolly Polymers [2012 (4) TMI 398 - GUJARAT HIGH COURT] - lapse must be viewed as one which is purely technical even without accepting the contention of the counsel for the Assessee that grant of license subsequently would relate back to the original date of application- thus, the date of making an application for factory licence and its date of issue needs to be examined by the Assessing Officer – the matter remitted back to the AO for fresh adjudication – Decided in favour of Revenue. Scrap sales allowable as deduction u/s 80IB of the Act – Held that:- The Assessing Officer has noted that the Assessee has not filed details of the scrap generated during the year - These details have also not been filed either before CIT(A) or before the Tribunal - the matter needs to be examined at the end of Assessing Officer for verification the nature of scrap generated by Assessee the matter remitted back to the AO for verification and give a finding as to whether the scrap has been generated during the course of manufacturing activity – Decided in favour of Revenue.
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