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2022 (4) TMI 167 - ITAT DELHIDeduction u/s. 80IC - claim for the fifth year - AMC and Repair Charges and Job Work Income - HELD THAT:- Respectfully following the order of the Tribunal in assesee’s own case for A.Y.2011-12 and 2012-13 we hold that the assessee is entitled to deduction u/s. 80IC in respect of AMC charges. Duty draw back, interest on FDR and other interest, these incomes are not derived from business of the assessee as held by the Tribunal. Therefore, we hold that these incomes are not eligible for deduction u/s. 80 IC of the Act. Income from job work - It is a fact that the assessee has not given the details before the AO, despite being asked to do so. Since this issue is coming up for the first time before the Tribunal and the assessee has not given full details before the lower authorities, therefore, we deem it proper to restore the issue to the file of the AO with a direction to grant one more opportunity to the assessee to furnish full details regarding the nature of Job Work and explain as to how the assessee is entitled to deduction u/s. 80IC on such Job Work. Needles to say that AO shall decide the issue as per fact and law after giving the opportunity of being heard to the assessee. The issue regarding deduction u/s. 80IC on Job work is accordingly allowed for statistical purpose.
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