Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 436 - AT - Income TaxEligibilty for claim of deduction u/s 80I & 80HH - Held that:- The distinction between the commercial production and trial run needs to be established. This distinction has to be proved by the assessee to the satisfaction of AO. We do not find any disparity on facts. Therefore, following the order of the ITAT Ahmedabad in earlier A.Y. on identical issues, we are of the considered view that the issue be restored to the file of AO for verification so as to whether there was only trial run of the machinery as claimed by the assessee or the assessee carried out any commercial production from the new unit during AY 1988-89, 1990-91. Ld. AO shall decide the issue in accordance with law after providing due opportunity of hearing to the assessee. He shall keep in mind the finding of ITAT in A.Ys. 1991-92, 1993-94 to 1995-96. Decided in favour of assessee for statistical purpose.
|