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TMI Blog2014 (5) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... . C. 1. This Appeal challenges the order passed by the Income Tax Appellate Tribunal on 30.03.2010. 2. Mr.Pinto submits that the questions as framed on page 3 at paragraph 4 of the paper book are substantial questions of law. The ITAT has not been able to appreciate the ambit and scope of Section 80IB of the Income Tax Act, 1961. That Section enables the Assessee to claim deduction in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls) and the ITAT. The concurrent finding is that the Assessee is entitled to the deduction under Section 80IB in respect of the entire profits. The view taken in the case of very Assessee for the Assessment Year 20052006 by the Commissioner of Income Tax (Appeals) was upheld by the ITAT in Appeal No.IT/5866/2000 dated 23.02.2010. The facts were identical to the following Assessment Year. In consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld have incurred all expenses which the marketing concern actually incurred. As a result the profit of the manufacturing concern would have been higher by the amount of profit actually earned by the marketing concern. The manufacturing concern would have claimed deduction under Section 80IB on such higher amounts of profit and the Revenue could not have resisted it. In the case of Assessee and as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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