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2015 (12) TMI 24 - ITAT MUMBAI

2015 (12) TMI 24 - ITAT MUMBAI - TMI - Eligibility for deduction under section 80IB for Unit-II - CIT(A) allowed claim - Held that:- As could be seen from the impugned order of the learned Commissioner (Appeals), the Tribunal, while deciding assessee's appeal for the assessment year 2003-04, allowed assessee's claim of deduction under section 80IB, by holding that Unit-II, is a separate industrial undertaking. This decision was again followed in assessee's own case for the assessment year 2004-0 .....

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antosh Mankaskar For the Respondent : None ORDER Per Saktijit Dey, JM This is an appeal filed by the Department against the order dated 22nd March 2003, passed by the learned Commissioner (Appeals) - 35, Mumbai, pertaining to the assessment year 2008-09. Following grounds have been raised by the Revenue: "1. Whether on the facts and in the circumstances of the case, and in law, the Ld. CIT (A) erred in allowing deduction of ₹ 8,24,335/- claimed by the assessee under section 80IB of th .....

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that the assessee had diverted the expenses of its Unit II to Unit I and had reduced the taxable profits of Unit I and increased the profit of Unit II and claimed 100% exemption on the profit of Unit II" "Whether on the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in allowing deduction under section 80IB of the Income tax Act 1961 claimed by the assessee for its Unit No.II without appreciating the fact that the new unit and the old unit are an integrated .....

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fly the facts are, the assessee, a partnership firm, is engaged in the business of poultry and cattle fields. For this purpose, the assessee has seting a unit at Dhabol in Daman. For the assessment year under consideration, the assessee filed its return of income on 30th September 2008, declaring total income of 48,65,970. During the assessment proceedings, the Assessing Officer noticed that assessee has two units namely Unit-I and Unit-II and as far as Unit-II is concerned, the assessee has cla .....

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rity. 4. In the course of hearing before the first appellate authority, it was submitted by the assessee that while deciding assessee's appeal for the assessment year 2003-04, the Tribunal, vide order dated 25th February 2010, passed in ITA no.5928 and 6826/Mum./2006, has allowed assessee's claim of deduction under section 80IB of the Act by holding that Unit-II of the assessee is a separate industrial undertaking, hence, entitled for deduction under section 80IB. It was submitted, follo .....

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made by the Assessing Officer. 5. We have heard the learned Departmental Representative and perused the orders of the authorities below and the material available on record. As could be seen, the solitary issue in dispute in the present appeal is in relation to assessee's claim of deduction under section 80IB of the Act for Unit-II. The Assessing Officer disallowed assessee's claim of deduction by relying upon the assessment order passed for the assessment year 2003-04 to 2007-08. Howev .....

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