TMI Blog2012 (2) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... t-V and @ 30% in respect of Unit IV. The assessee submitted that all the units i.e. Unit I, II, III, IV and V were indifferent and independent and, therefore, deduction was required to be allowed independently in each case. 3. The AO, however, observed that during the search and seizure operation conducted in the case of the assessee on 18.10.2001 it was ascertained that the said units except Unit IV (which was located at a separate place) were not independent units. The AO, therefore, held that the deduction u/s. 80IB in respect of Unit V could not be allowed, as the same was part of the Unit I, in respect of which the period of 10 year had already expired. He, therefore, allowed deduction u/s. 80IB only inrespect of Unit IV @ 30% as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... areful consideration of the material on record, we find that the issue is covered by the decision of the Tribunal in assessee s own case in the Assessment Year 2004-05 and 2005-06 (supra). In those year also disallowance of deduction u/s.80IB had been made on the same ground i.e. treating all the units except Unit IV as part of the same units. The Tribunal had duly taken into account the factum of disallowance of deduction u/s.80IB based on the search conducted on the premises of the assesseee which is clear from para 3, which is reproduced below as ready reference :- Assessee, a manufacture of plastic pipes and fittings, was claiming deduction under section 80-IB of the Income tax Act,1961 (in short the Act ) in respect of various un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITA No.2712/Mum/2007, following the order in the case of M/s. Prince Plastics International Pvt Ltd (supra) held that assessee was eligible for claiming deduction under section 80IA/80IB of the Act considering the units as separate and independent. Therefore, we find that the learned CIT(A) was justified in giving relief to the assessee for both the assessment years. Nothing has been brought on record by the revenue to show that there was any unit in the impugned assessment years whereby a different look into the matter was warranted. Therefore, in view of the decisions of this Tribunal referred supra, we are of the opinion that the appeals of the Revenue has no merit. 7. It is thus clear that on identical facts after considering all t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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