TMI Blog2015 (8) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... ved that the deduction was claimed under section 10AA, but he referred to the details as were required to be furnished as per section 10AA(8). Under such ci rcumstances and for proper appreciation of facts and law, we restore the matter back to the file of Assessing Officer for fresh adjudication after providing reasonable opportunity of being heard to the assessee. Working out S.T. capital gains at ₹ 1,19,66,299/- by CIT(A) as against Rs. NIL as claimed by the appellant - Held that:- Admittedly in the books of account the assessee’s block of assets was ₹ 1,33,701/- which was liquidated by way of sale at a total consideration of ₹ 1,21,00,000/-. Therefore, there was no justification in allocating the sale consideration against various items, i.e. furniture & fixtures, elect ric instal lation, air conditioners, office equipment s, etc. The ld. CIT(Appeals) has observed that in the sale deed, there is no such bifurcation, though such bifurcation was made at the time of amalgamation. Under such circumstances, we do not find any infirmity in the order of ld. CIT(Appeals). Accordingly this ground is dismissed. - I.T.A. Nos. 43 & 44/KOL/ 2013, I.T.A. No. 2409/KOL/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional income. Ld. counsel for the assessee pointed out that for these two items, there is no discussion either in the assessment order or in the order of ld. CIT(Appeals). He has filed a note before us in regard to rebate on Central Sales Tax payable which is reproduced hereunder:- 8. The appellant submits relevant schedule of Pilerne Unit as appearing in the audited accounts. Commission on high sea sale is in respect of the transactions relating to export. Further, assesese s industrial undertaking at Pilerne is under the jurisdiction of Goa Sales Tax Authorities and rebate was received. Back Ground : Earner New SSI Manufacturing Units were exempted from Sales Tax in Goa under enetry 68 under Goa Sales Tax Act, 1964, but during the implementation of nationwide VAT system, exemptions were withdrawn and a new scheme called NPV was designed for the exempted units for the balance period of exemption. Under the NPV scheme the assessee was allowed to charge full rate of tax and get 75% rebate from payment of tax . As regards commission on High Seas sale, ld. counsel for the assessee pointed out that imports made by the assessee were sold on high sea on which commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. counsel for the assessee at the time of hearing. Therefore, Grounds No. 1 2 are being dismissed as not pressed. 10. Brief facts apropos Ground No. 3 are that the assessee had a Unit in Falta-SEZ. It had claimed deduction under section 10AA. The Assessing Officer noticed that assessee suffered a loss of ₹ 10,40,736/- in its Link Pen Plastics Limited- Falta Unit in respect of which he claimed eligibility for exemption under section 10AA which was included in the consolidate profit. He pointed out that before filing of return, the assessee had not filed any declaration in writing that the provisions of this section may not be made applicable to it as is provided in sub-section (8) of section 10. He, accordingly, disallowed the loss and added back to the total income of the assessee. 11. Ld. CIT(Appeals) confirmed the addition. Ld. counsel for the assessee pointed out that the exemption has been claimed under section 10AA and there is no mention for furnishing particulars in the said section as mentioned by the Assessing Officer in his order. He pointed out that there is no corresponding provision to section 10A(8) in section 10AA of the I.T. Act. 12. Ld. Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was pro-rata divided in proportion of the written down value as appearing the statement of depreciation as per Income Tax Act and deducted the same out of the written down value brought forward. The Assessing officer did not accept this contention of ld. counsel of the assessee by observing as under:- Therefore, sale consideration of ₹ 1,21,00,000/- received by the Shree Writing Aids Pvt. Ltd., amalgamating company with assessee is only for sale of office as described in the schedule as above. Therefore, under the facts and circumstances as discussed above, the assessee was required to reduce the above sale consideration in the block of building other than the residential as per provisions of sec. 43(6) read with sec. 50(1) of the I.T. Act, 1961 instead of apportioning it amongst building, plant and machinery and furniture pro-rata basis in proportion to their w.d.v. Accordingly, the short term capital gain arising from the sale of said office at Mumbai and allowability of depreciation of other assets are being recalculated as follows:- Short term capital gain chargeable as per sec. 50(1) of the I.T. Act Block-Building used for other than residential purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne the delay and admit the appeal. 20. The only issue in the present appeal is regarding allocation of expenses amongst various Units. The Assessing Officer has observed as under:- Further, though the two units of the assessee situated in Kolkata and Goa is engaged in the manufacturing of the similar ranges of product, the profit margin in Kolkata Unit is much less than in comparison to Goa Unit. This is mainly due to the facts that the assessee has not apportioned proportionately the expenditure which are also attributable and common to the manufacturing unit at Goa..... . 21. The ld. CIT(Appeals) following his earlier decision held that the order passed by the Assessing Officer was not sustainable. Being aggrieved, the Department is in appeal before the Tribunal by taking the following effective ground of appeal :- That on the facts and circumstances of the case, ld. CIT(Appeals) erred in allowing apportionment expenses of ₹ 1,34,08,126/- without appreciating the findings of the AO put forward in the assessment order . 22. At the outset, ld. counsel for the assessee pointed out that Tribunal has restored the issue in assessee s own case in ITA Nos. 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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