TMI Blog2010 (12) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... wn and independent of Unit I, it has to be held that it forms part of the assessee's undertaking as a whole and not a distinct entity - The caselaw relied upon by the Learned Departmental Representative has no application to the facts of the present case - Find no infirmity in the impugned order of the CIT(A) - ITA No. 1231/Hyd/2010, ITA No. 1199/Hyd/2010, - - - Dated:- 31-12-2010 - G.C. Gupta, Akber Basha, JJ. K.V.N. Charya for the Appellant G.N. Hari for the Respondent ORDER Akber Basha: These two appeals by the Revenue are directed against separate orders of the CIT(A)-IV, Hyderabad dated 30.7.2010 for the assessment year 2005-06 and dated 15.7.2010 for the assessment year 2007-08. Since certain common fea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the order of the Assessing Officer, reiterated the contentions urged in the above grounds of appeal and submitted that the CIT(A) was not justified in allowing relief to the assessee under S.80IB of the Act, based on the audit report in Form No.10CCB filed during the reassessment proceedings. 4. Learned counsel for the assessee, reiterating the contentions urged before the lower authorities strongly relied on the order of the CIT(A). He also placed reliance on the decision of the jurisdictional High Court in the case of CIT V/s. Hemsons Industries (251 ITR 693). 5. We have considered the rival submissions and perused the orders of the lower authorities, and other material available on record, including the case-law relied upon by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the completion of assessment, which has not been done in the present case, since the audit report was filed only during the course of re-assessment proceedings initiated by the Assessing Officer, which cannot end up giving additional deductions/benefits to the assessee. We do not find merit even in this contention of the learned Departmental Representative. In the case of Hemsons Industries (Supra), before the jurisdictional High Court, for one of the years under appeal before Hon'ble High Court, viz. assessment year 1979-80, audit report was filed during the course of re-assessment proceedings and in response to the show-cause notice under S.148 issued by the Assessing Officer. In this view of the matter, respectfully following the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see strongly relied on the order of the CIT(A) submitted that the assessee is engaged in manufacture of Conveyor and Material handling equipments. It is through the coordinated activities of both the units that the assessee manufactures the conveyor and material handling equipments and as such, it is not correct to say that Unit II is an independent entity, distinct from Unit I. He placed reliance on the Special Bench decision of the Tribunal in VSNL V/s. CIT (111 ITD 190). 9. We have considered the rival submissions and perused the orders of the lower authorities. Assessee, undisputedly is engaged in the manufacture of Conveyor and Material handling equipments. It is evident from the orders of the lower authorities that even though the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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