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2015 (5) TMI 79 - DELHI HIGH COURT

2015 (5) TMI 79 - DELHI HIGH COURT - TMI - Deduction under Section 80-IA - ITAT allowed claim - Whether ITAT was right in holding that the second unit of the respondent-assessee located at A-10, Sector 59, Noida was not formed by splitting up, or reconstruction, of a business already in existence? - Held that:- The order of the CIT(A) in the present case took note of the fact that the AO denied altogether the benefit of Section 80-IA on the terms that there was no manufacturing activity at all i .....

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f the assessee - ITA 237/2012, ITA 242/2012, ITA 240/2012, ITA 239/2012, ITA 238/2012 - Dated:- 15-4-2015 - S Ravindra Bhat And R. K. Gauba,JJ. For the Petitioner : Shri Kamal Sawhney & Shri Shikhar Garg, Advs. For the Respondent : Shri S Krishnan, Adv. ORDER 1. This matter is taken up today since 14.04.2015 was declared a holiday. 2. The revenue is in appeal against various orders of the Income Tax Appellate Tribunal (ITAT) in respect of the assessee whose claim for deduction under Section .....

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ember 1997. Both units used to engage in manufacture and fabrication of steel and other metal accessories, easy air distribution products, air control and treatment devices etc. Both units claimed and were granted benefit of deduction under Section 80-IA of the Act. The second unit was given this benefit from 1998-99 onwards. The manufacturing license dated 17.05.1999 of the first unit was surrendered after cessation of Section 80-I benefit. Thereafter, Unit-I used to perform job work in respect .....

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the AO was to appropriate the profits, IF ANY, relating to the labour charges carried out by Unit-I and should have been taxed such profits of Unit-I independently as against denying the deduction u/s 80IA altogether. Thus considering the fact of case and various applicable judicial pronouncements, I am of the considered view that appellant company was entitled to deduction u/s 80IA in respect of Unit-II and therefore, AO is directed to allow the deduction u/s 80IA in respect of Unit-II, subjec .....

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