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2014 (5) TMI 398 - BOMBAY HIGH COURTAmbit and scope of section 80IB of the Act – Held that:- Following DCIT Versus Cello Stationery Products [2010 (2) TMI 810 - ITAT, Mumbai] - the existing financial results of the Assessee and other manufacturing concerns with their financial results need to be compared with the situation of absence of marketing or sales concern - the profit of the manufacturing concern would have been higher by the amount of profit actually earned by the marketing concern - The manufacturing concern would have claimed deduction u/s 80IB on such higher amounts of profit and the Revenue could not have resisted it - the Revenue's assertion that the marketing concern was floated with a view to claim higher deduction u/s 80IB, is baseless – no substantial question of law arises for consideration – Decided against Revenue.
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