TMI Blog2015 (10) TMI 2486X X X X Extracts X X X X X X X X Extracts X X X X ..... ears ending 31st March 2008 and 31st March 2009. He has also placed the details of the schedule of fixed assets of the head office and the works at Haridwar as well as statement of expenses and salaries and wages statement of the branches. As far as the head office is concerned, the net block as on 31st March 2008 was ₹ 13,22,101.14 whereas the net block for the works at Haridwar was ₹ 1,26,80,393.35. The corresponding figures for the year ending 31s March 2009 were ₹ 43,62,243.40 and ₹ 1,20,87,372.35. As regards the branch offices at Bangalore, Mumbai and Kolkatta, the total expenditure figures for the year ending 31st March 2009 were ₹ 2,86,690; ₹ 5,98,981 and ₹ 5,12,949 respectively which even in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 85,125 on a total turnover of ₹ 11.13crore. A sum of ₹ 2,69,25,260 was claimed as deduction under Section 80-IC of the Acct, leaving a sum of ₹ 59,864 as taxable income. 3. The case was picked up for scrutiny and notice under Section 143 (2) of the Act was issued by the Assessing Officer ( AO ). An assessment order was passed on 30th November 2011 under Section 143 (3) of the Act. In the said order, the AO held that (i) 20% of the sale value of the products was attributable to the brand and hence, was not eligible for deduction; (ii) profit to the extent of 5% of the total turnover of the Assessee was attributed to the past experience, expertise and knowledge, etc. of the related and connected persons and not to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Assessee had also earned income from its branch offices and Head Office and was, therefore, not eligible for any deduction under Section 80-IC of the Act. The ITAT noted that the DR was unable to show any clinching evidence that any income producing activity was carried out from any place other than the eligible unit. The ITAT held that the entire income producing activity stemmed only from the Hardwar unit and no other place. 7. The Revenue has filed the present two appeals against the common order of the ITAT in ITA Nos. 236/Del/2013 and 883/Del/2013. This Court issued notice in ITA No. 540 of 2015 limited to the issue whether the Respondent/Assessee can include the name of its branches and head office (i.e., other than the Hari ..... X X X X Extracts X X X X X X X X Extracts X X X X
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