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2014 (3) TMI 216 - AT - Income TaxAllowability of deduction u/s 80IA(4) of the Act – Sales tax incentive – Receipt not in proper form – Held that:- The assessee could not bring any distinguishing facts/decision – The decision in Liberty India Vs CIT [2009 (8) TMI 63 - SUPREME COURT] followed - sections 80IA and 80IB are a code by themselves and they provide for allowing of deduction in respect of profits and gains derived from the eligible business - the connotation of the words "derived from" is narrower as compared to that of the words "attributable to" and by using the expression "derived from" the Parliament intended to cover the sources not beyond the first degree - the incentive received as per the scheme of the Central Govt. had no first degree connection with the industrial undertaking of the assessee and the immediate source of the same being the relevant scheme of the Central Govt. – thus, it could not be considered as profit eligible for deduction u/s. 80IA/80IB – Decided in favour of Revenue. Admission of additional ground – Held that:- The CIT(A) has not admitted the additional ground on the pretext that the ratio of the decision of the Hon'ble Supreme Court in the case of Goetze (India) Limited Versus Commissioner of Income-Tax [2006 (3) TMI 75 - SUPREME Court] precluded him to do so – but the decision of the Hon'ble Supreme Court does not fetter on the powers of the CIT(A) to decide additional plea which was not taken before the AO - to this limited extent, the matter is remitted back to the CIT(A) for deciding the additional ground under Rule 27 of the Appellate Tribunal Rules , 1963 – Decided in favour of Assessee.
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