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2015 (3) TMI 447 - AT - Income TaxNon-granting of deduction under section 80 IB - assessee could not produce the parties from whom the assessee had purchased these machinery, the Revenue is doubting about the newness of the impugned machinery - Held that:- Right from beginning, it is the case of the assessee that the machinery installed in its premises is new. The evidence furnished by the assessee to support its contention that machinery is new includes evidence from the agencies which cannot be said to be interested parties who will support the contention of the assessee. One of such evidence is in the shape of certificate given by the Department of Industries, vide their certificate dated 23/2/2007. It has clearly described that certificate of permanent SSI Registration to the assessee was granted after due verification of the required guideline and the machinery installed by assessee is new machinery. The second evidence is in the shape of certificate granted by the bank who after getting inspection report from its officials has given the certificate to the assessee that new machinery was installed. Thus we reverse the order passed by Ld. CIT(A) and hold that the machinery installed by the assessee was new and as no other condition for grant of deduction under section 80 IB has been held to be violated by the assessee, the assessee is entitled to get deduction under section 80 IB. - Decided in favour of assessee.
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