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TMI Blog2014 (6) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... ication is filed by the appellant above named for setting aside the order dated 22/02/2013 passed by this Hon'ble Tribunal dismissing the appeal of the appellant. 2. It is most respectfully submitted that in the said order of the Hon'ble IT AT, there are certain inadvertent errors which are apparent from the record and go to the very root of the appeal. Therefore the present application. 3. The said appeal was preferred by the appellant since the Ld. CIT(A) had confirmed the disallowance u/s 80IB made by AO on the count that since the Factory's License was issued to the appellant by the Chief inspector Factory on 19/05/04. the appellant could not have started the manufacturing activity on or before 31/03/04 as required for cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctory License as the compliance with the provisions of Factories Act are not relevant for allowing claim of deduction u/s 80IB. 05. For several reasons and on different grounds, the order of the Learned Commissioner of Income Tax (Appelas-1), Surat, in confirming the action of the Assessing Officer is erroneous and requires reconsideration as the disallowance of deduction u/s 80IB deserves to be deleted. 06. Your Appellant craves leave to amend, alter, delete and/or add to foregoing grounds of appeal any time before the appeal is deleted. " 4. At the outset, the appellant had, during the course of hearing, cited the decision pronounced by the Hon'ble Gujarat High Court in the case of "CIT vs. Jolly Polymers - 342 ITR 87 (Guj)" and co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenge to that finding of ld. CIT(A) by Revenue by preferring any cross appeal, the said finding to the effect that various conditions of eligibility of deduction u/s 80IB of the Act are not in dispute has become Final. Therefore the only issue raised in the appeal preferred by the Appellant was with respect to belated issuance of Factory's License and its impact on claim of deduction u/s 80IB. 6. The Hon'ble Tribunal has not given any factual Finding on the said issue. Instead, the Hon'ble Tribunal went on deciding as to whether the appellant had actually commenced the manufacturing activity on or before 31/03/04 in light of the documentary evidences placed on record and finally concluded that the appellant had not started ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s reproduced hereinbelow for ready reference: "We are aware that the Income-tax Appellate Tribunal is a fact finding Tribunal and if it arrives at its own conclusions offset after due consideration of the evidence before it this court will interfere. It is necessary, however, that every fact for and against the assessee must have been considered with due care and the Tribunal must have given its finding in a manner which would clearly indicate what were the questions which arose for determination, what was the evidence pro and contra in regard to each one of them and what were was the reached on the evidence on record before it. The conclusions reached by the Tribunal should not be coloured by any irrelevant considerations or matters of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A.R. contended the matter was to be re-examined by considering the Hon'ble Gujarat High Court decision in case of CIT vs. Jolly Polymers 342 ITR 87 (Guj) by the A.O. In this case, the appellant had applied for license prior to 31st March, 2004, which was granted later on by the Competent Authority within a short span of time. As per above decision, the assessee is fully entitled to gent deduction u/s. 80IB of the IT Act. At the outset, ld. Sr. D.R. heavily relied upon the order passed by this Bench and argued that if the assessee's case is re-examined, then it is tantamount to review its own decision, which is not permitted under the law u/s. 254 of the IT Act. 4. We have heard the rival contentions and perused the material on record. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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