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TMI Blog2015 (1) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... hmedabad [for short "the Tribunal"] in ITA No.630/Ahd/93, whereby the the appeal filed by the assessee was partly allowed. 3. Tax Appeal No.33 of 2001 & Tax Appeal No.34 of 2001 are filed against the common order dated 30.08.2000 passed by the Tribunal in ITA No.4275/Ahd/1990 and ITA No.5500/Ahd/91, whereby the appeals filed by the assessee were partly allowed. 4. The facts of the case are that the respondent-assessee had filed its return for the Assessment Year 1986-87 on 29.08.1986, showing total income of Rs. 4,89,02,101/-, for the Assessment Year 1987-88 on 30.06.1987, showing total income of Rs. 3,47,60,150/- and for the assessment year 1988-89 on 29.6.1988, showing total income of Rs. 29,22,920/- The assessing Officer, after scrutin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the impugned order does not warrant any interference by this Court in view of the concurrent findings of both the authorities namely the CIT(A) as well as the Tribunal. Therefore, he urged that the present appeals deserve to be dismissed. 8. We have heard learned counsel appearing for both the parties and considered the rival submissions made by both the counsel. While deciding the appeals, the Tribunal in paragraph No.15.3. and 51.4 has observed as under: 15.3. We have considered the rival submissions and have also gone through the orders passed by the Assessing Officer and CIT(A) in the case of the assessee for A.Ys. Under consideration as well as the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isting units. After the appellant took over this unit, it recruited its own staff and obtained various registration certificates i.e. for Central Excise, Small scale industries, P.F. Etc. It started its own business with the help of its own finance as well as substantial finance borrowed from different concerns. It has its own marketing infrastructure and its area of operation was also separate and distinct. Therefore, it can not be said that this new unit was formed by splitting up or reconstruction of a business already in existence. The fact that the industrial undertaking manufactured articles in premises highered from M/s Nirma Chemical Works Pvt. Ltd. does not militate against the claim for deduction us. 80L in as much as, there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y merit in this ground taken by the Revenue and we will uphold the order of the CIT(A) in this regard directing the Assessing Officer to grant deduction u/s. 80I to the Assessee." 9. In view of the aforesaid, we are of the opinion that the Tribunal has given cogent and convincing reasons in arriving at the conclusion and we are in complete agreement with the view taken by the Tribunal. The Tribunal has rightly observed that the plant and machinery were never used by the earlier owner, therefore, the assessee is entitled to grant deduction under Section 80I of the Income Tax Act. Apart from that, learned advocate for the appellant-revenue is not in a position to show how the findings of the Tribunal are bad in law and on facts. 10. In that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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