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2022 (12) TMI 1315 - AT - Income TaxDeduction u/s 80IB - Necessity to undergo manufacturing process - assessee is not engaged in the manufacturing process, not employed workers and not used machinery, therefore assessees’ claim in respect of 80IB was rejected - HELD THAT:- This issue under consideration is squarely covered in favour of assessee in assessee’s own case by the judgment of the Division Bench[2022 (8) TMI 1328 - ITAT SURAT] as held assessee received orders from customers to supply the goods to them and the assessee executed these orders by way of manufacturing done by M/s Nangalwala Chemical Industries of Alwar, under the direct supervision of one of the partners. The assessee applies own technology, standard process, own raw material, own quality control/check, and the goods are manufactured as per the specification given by customers. Based on these facts and circumstances, we note that assessee is entitled to get deduction under section 80-IB - Decided in favour of assessee. Penalty u/s 271(1)(c) - HELD THAT:- Since, we have deleted the penalty as the quantum addition was deleted by the Co-ordinate Bench of this Tribunal, therefore, additional ground raised by the assessee becomes infructuous and hence does not require adjudication. Addition of unsecured loan taken - AR failed to put up the details of confirmation and creditworthiness of these parties, however, the contention of ld.counsel for the assessee is that all the confirmations were duly placed on record of the ld.CIT(A) - HELD THAT:- As decided in [2014 (1) TMI 1240 - ITAT AHMEDABAD] after considering all aspects of the matter, we find that the order of the l;d.CIT(A) is cryptic and, therefore, in the interest of justice, this issue is restored back to the file of ld.CIT(A) to decide it afresh after verifying the details as submitted by the assessee.
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