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2012 (10) TMI 198 - BOMBAY HIGH COURTDeduction under section 80I / 080IB - allocation of expenses - expansion of existing unit or setting of new identifiable unit - Alleged that Unit at Urse which was described as Unit-II was in fact an expansion of the existing unit, Unit-I - depreciation of Unit-II at Urse – Held that:- (i) There was a substantial investment of funds in the Unit which was set up in the previous year relevant to the Assessment Year 1994-95; (ii) New plant and machinery was installed; (iii) The Unit was housed in a new building constructed at site and was an independent viable Unit capable of producing goods manufactured by itself; and (iv) There was a substantial increase in the capacity of production. - Order of ITAT upheld – in favor of assessee
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