9911796707
TMI Blog2013 (8) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... 0IC of the Act whereas the assessee has not fulfilled the conditions as prescribed by the Rules." 3. After hearing both the parties we find that originally deduction u/s 80IC of the Act was disallowed by the Assessing Officer because of the following reasons: "1 Audit report in Form No. 10 CCB signed much later on 03.09.2007 2 Bills of Machinery to verify as to whether the assessee has not installed old machinery more than 20% of Total machinery at Nathuplasi. 3 Column no. 26 wrt details of deduction under chapter VI is not filled by Auditor. 4 Statement of Auditor Sh. Vineet Aggarwal recorded on oath during the course of survey & he has stated on oath no separate account books for Nathuplasi unit produced before him for any assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has failed to call for any remand report. However, in the interest of justice, we deem it fit to restore the issue back to the file of the CIT(A) to revisit the issue after calling for a remand report and also after directing the Assessing Officer to verify the claim of the assessee vis-à-vis books of account maintained by the assessee. The CIT(A) shall call for the remand report from the Assessing Officer in this regard and after affording a reasonable opportunity of hearing to the assessee, decide the issue de novo. The grounds of appeal raised by the Revenue are thus allowed for statistical purposes." On the basis of above the case was refixed again by the ld. CIT(A). The assessee made detailed submissions which were sent to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d proceedings & the explanation of appellant was not rebutted. 5. The assessing officer has not pointed out any specific document which was impounded during the course of survey and which shows that the assessee had transferred the plant & machinery, finished goods and transferred the material from Kurali unit to Baddi unit. He simply reproduced the observation given by his predecessor in the assessment order and he has not even given any observation in respect of the impact of such transfer on the profits of eligible units. 6. The assessing officer has also not pointed out any condition mentioned in section 80IC which remained unfulfilled by the eligible unit except his observation w.r.t assembling of distribution transformer in eligible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the impugned order. 7 After considering the rival submissions we find that pursuance of remand report shows that all the details were furnished before the Assessing Officer on 28.3.2011 and the books of account along with vouchers were also produced before him. It has been specified at para 6 of the remand report that books of accounts of Nathu Plasi, Nalagarh were verified that separate books of account have been maintained. Only objection which he has raised regarding denial of deduction that some of the components have been purchased from outside and the profit of the eligible unit are on higher side. We find no force in the submissions because it was not denied that the assessee was manufacturing the transformers and some components ..... X X X X Extracts X X X X X X X X Extracts X X X X
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