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Dy. Commissioner of Income Tax Akola Circle, Akola Versus M/s. Leben Laboratories Pvt. Ltd. and Vica-Versa

Disallowance under section 80IB - Held that:- Since the same issue has been decided in favour of the assessee by the Tribunal in assessee’s own case wherein held that the A.O. concluded that the deduction under section 80IB was not allowable for assessment year 2005–06 onwards, whereas the deduction under section 80IB in respect to Unit–V has already been granted while passing the assessment order under section 143(3). Therefore, if the order of the A.O. for assessment year 2003–04 or 2004–05 wa .....

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4, ITA no. 227/Nag./2014 - Dated:- 21-8-2015 - SHRI MUKUL K. SHRAWAT AND SHRI SHAMIM YAHYA, JJ. For The Revenue : Shri Narendra Kane For The Assessee : Shri C.J. Thakar a/w Shri S.C. Thakar ORDER PER SHAMIM YAHYA, A.M. These appeals filed by the Revenue are directed against the impugned orders of even date 19th December 2013, passed by the learned Commissioner (Appeals)-I, Nagpur, for the assessment year 2009-10 and 2010-11 respectively. Since both these appeals pertain to the same assessee invo .....

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t, 1961 (for short "the Act"). 3. At the outset, the learned Counsel for the assessee submitted that with respect to the same disallowance in earlier years in assessee s own case, this Tribunal, vide order dated 3rd April 2013, for the assessment year 2005-06, 2006-07 and 2007-08, has decided the issue in favour of the assessee. Hence, the learned Counsel for the assessee submitted that the learned CIT(A) has followed the same order of the Tribunal as the issue stands covered in favour .....

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al on record, we found that the assessee deserves to succeed in all these three appeals in respect to deduction under section 80IB. The copy of the assessment order for assessment year 2003-04 is placed at paper book at pages 23 to 42. At page 9 of the assessment order for the assessment year 2003-04, copy of which is placed at 31 of the paper book, the A.O. has noted in para-7.1 that the assessee company has claimed deduction under section 80IB to tune of 6,02,825, 5,55,870 and 8,71,103 in resp .....

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has already been discussed while completing assessment under section 143(3) in respect to Unit-V. It is further seen that in the remand report, copy of which is placed at pages- 57 to 59 and at page-59 of the remand report, in para-3, it has been stated that the assessee has furnished evidence of batchwise computation including the requisition slips, consumption of raw material and raw material stock etc. These are all internal production related documents. These documents indicate that the unit .....

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2-03 as there was no sale during this year. Next year i.e., in assessment year 2003-04, the sale of production was affected and accordingly deduction under section 80IB was allowed by ascertaining that conditions are satisfied. 9. Now for subsequent year i.e. for assessment year 2005-06 to assessment year 2007-08, which are under consideration here before us, withdrawal of deduction under section 80IB, in our considered view, is not justified. Thereafter, the Tribunal has referred to several cas .....

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