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2018 (12) TMI 1614 - GUJARAT HIGH COURTApportionment of expenses made in the hands of the non-80IA units - adjustments made on account of five types of expenditure - assessee had contended that the power plant was newly purchased and was an automatic plant which required minimum workmen - plant was under warranty period and all the minor maintenance of on-going expenses were incurred by the manufacturers - sponge iron plant undertaking had taken bank loan for installing plant in the year 2005-06 and had direct nexus with the said loan of the said sponge iron plant - HELD THAT:- There was no financial charge. No fuel was used in the power plant which is steam based and therefore, there was no allocation from fuel expenditure. Commissioner (Appeals) also examined details of maintenance expenditure, that is, repairs, stores and spares and found that there was no maintenance cost during these years because it was under warranty. After appreciating the material on record, the Commissioner (Appeals) had directed the Assessing Officer not to reduce ₹ 27,95,329/- out of eligible profit on account of allocation of expenditure. The Tribunal after re-appreciating the evidence on record, has concurred with the findings recorded by the Commissioner (Appeals). The conclusion arrived at by the Tribunal is based upon concurrent findings of fact recorded by it after appreciating the material on record, in the absence of any perversity being pointed out in the impugned order, the same does not give rise to a question of law, much less, a substantial question of law.
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