TMI Blog2015 (2) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... und that the production data are not found doubtful by any other regulatory authority. The Tribunal has relied upon the fact that the books of accounts which were duly audited. Thus if the Tribunal has recorded ultimate finding of fact that the discarding of books of accounts was not justified, and consequently the working out of the revise claim for deduction by AO, we find that such finding of f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case, the learned ITAT has erred in law in allowing the appeal of the assessee against the order of CIT(A) confirming disallowance of deduction u/S. 10B and 80IB of the Income Tax Act, 1961? 2. We have heard Mr. V.K. Patel, learned counsel appearing for the appellant. 3. The relevant facts are that AO discarded the books of accounts of the assessee while considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee is engaged in the manufacturing of goods and is also entitled to deduction u/Ss. 80IB and 10B of the Act. AO after rejecting the books of accounts has not estimated the book results but only has re-worked the deduction u/S.80IB and 10B of the Act. It is also a fact that the books of accounts of the Assessee are audited under the Companies Act and the production of the Assessee has not been d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid facts, we are of the view that AO was not justified in working the revised claim of deduction u/S.10B and 80IB of the Act. We thus set aside the addition made by AO and allow the ground of Assessee. Under the circumstances, the present appeal by the Revenue. 4. The aforesaid shows that the Tribunal found that the books of accounts of the assessee were audited books of accounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re duly audited. In our view, if the Tribunal has recorded ultimate finding of fact that the discarding of books of accounts was not justified, and consequently the working out of the revise claim for deduction by AO, we find that such finding of fact would be outside the scope of judicial scrutiny, more particularly, when nothing is satisfactorily demonstrated before the Court that such finding o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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