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2015 (1) TMI 552 - ITAT AHMEDABADDeduction U/s.80IB(10) disallowed - Held that:- The learned A.O. has given specific finding in the assessment order that the claim of the appellant is disallowed on non-fulfillment of conditions U/s.80IB(10)(f)(iii) of the I.T.Act 1961 which is against the facts and materials available on record and principle of Board’s Circular, the claim of the appellant be allowed. That the order passed by learned A.O. in rejecting the claim of the appellant U/s.80IB(10) and confirmed by CIT(A) is bad in law, illegal; void and not in accordance with the provisions of the I.T.Act 1961.That the learned A.O. himself has admitted that the appellant could not furnish exact quantum amount of particular unit and profit of the whole project was only worked out which is against the materials available on record and the appellant had submitted working to the learned A.O. along with letter dated 10.12.2013 and therefore finding given by learned A.O. is perverse and alternative claim of proportionate be allowed. - Decided in favour of assessee.
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