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2015 (6) TMI 381 - ITAT CHENNAIDeduction under Section 80-IC - CIT(A) allowed the claim - Held that:- A.O., after examining the entire facts and circumstances of the case, has come to a conclusion that the assessee by splitting the Chennai unit, it has established the Haridwar unit. Therefore, the assessee is not eligible under Section 80-IC(4) of the Act and for the reason that the net profit of Haridwar unit is at 26.41% on the total turnover whereas the net profit of Chennai unit is at 2.12% on the total turnover. The assessee has not filed any details with regard to machineries, equipments and assets in respect of newly established Haridwar unit, before the A.O. These details were filed before the Ld. CIT(Appeals). Under these circumstances, we are of the opinion that all the details such as machineries, equipments and other assets purchased/acquired by the assessee, including bills, in respect of Haridwar unit established by the assessee have to be produced before the A.O. The A.O. is directed to decide the issue de novo. Remit the matter back to the file of the A.O. for fresh examination. - Decided in favour of revenue for statistical purposes. Disallowance of mould amortization charges - CIT(A) allowed the claim - Held that:- CIT(Appeals) without discussing anything on the matter simply allowed the ground raised by the assessee. Necessary document like agreement between the assessee and M/s HUL and the life time of the moulds provided by M/s HUL are required to be examined to decide the issue. Therefore we set aside the order passed by the Ld. CIT(Appeals) and remit the matter back to the file of the A.O. to examine the agreement between the assessee and M/s HUL and other details. The A.O. is directed to decide the issue afresh after giving reasonable opportunity of being heard to the assessee. - Decided in favour of revenue for statistical purposes.
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