TMI Blog2013 (8) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... t the assessee was manufacturing the transformers and some components were purchased from the market. It cannot be accepted that the assessee should be manufacturing all the components. Further merely showing that that the profits are on higher side, is not sufficient and no defects are pointed out and therefore deduction cannot be denied - Decided against Revenue. - ITA No. 678 & 679/Chd/2011 - - - Dated:- 2-8-2013 - Shri T. R. Sood, A.M And Ms. Sushma Chowla, JM,JJ. For the Appellant : Shri Amarveer Singh For the Respondent : Shri Ajay Jain ORDER Per T. R. Sood, A.M. These appeals by the Revenue are directed against the common order dated 6.4.2011 of the ld. CIT(A), Chandigarh. These were heard together and are being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. CIT(A). The matter traveled to the Tribunal and the Tribunal set aside the order of the ld. CIT(A) and remitted the matter to the to the file of ld. CIT(A) vide para 11 which is as under: "11. In the facts and circumstances of the present case, we find that the CIT(A) not to have complied with the provisions regarding the admission of additional evidence. We are not in conformity with the observation of the CIT(A) that the Assessing Officer should have pointed out specific defects in the books of account and papers seized during the survey. The basis for rejection of the claim of the assessee by the Assessing Officer was non production of books of account and various other infirmities pointed out by the Assessing Officer with reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 11 which are as under: "10. I have carefully considered the assessment order, ITA No. 924/CHD/2010, remand report and written submissions filed by the appellant. My findings are as follows:- 1. The assessing officer has examined the books of account of Nathu Plasi, Nalagarh Unit which is eligible for deduction u/s 80IC. 2. No discrepancy was observed by the AO in the books of accounts and other details like vouchers of plant machinery and expenses. 3. The assessing officer has not pointed out any defect in the remand report except that the appellant has done assembling of distribution transformer and little manufacturing. 4. The assessing officer has not brought any new facts after examination of books of accounts produced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assembly as Manufacture being assembly resulting in an article distinct in name, Character use: * CIT Vs Mahesh Chandra Sharma 308 ITR 222 (P H) * CIT Vs Anand Affiliates 178 Taxman 487 (P H) 11. In view of manufacturing process furnished by the appellant Hon'ble Punjab Haryana High Court decisions cited supra 1 uphold that the appellant is engaged in manufacturing activities eligible for deduction under section 80 IC of the Act. As such in view of the above discussion and findings of the Assessing Officer regarding the eligibility of the Unit u/s 80IC, the appeal is allowed." 5 Before us, the ld. DR for the revenue supported the order of the Assessing Officer and relied on the grounds of appeal. 6 On the other hand, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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