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2016 (8) TMI 1085 - ITAT DELHI

2016 (8) TMI 1085 - ITAT DELHI - TMI - Eligibility of deduction u/s 80IC - AO has recorded that the assessee has sold one amplifier which was purchased from sister concern namely M/s Saraswati Dynamics, Roorkee and, therefore, the year under which the survey took place the assessee was not engaged in manufacturing activities - Held that:- A.O. has allowed deduction u/s 80IC of the Act in the immediately preceding years. Survey should have been done before allowing deduction u/s 80IC of the Act i .....

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e documents has categorically revealed that the very foundation of the Assessing Officer’s order was not justified as the Assessing Officer for the Assessment Year 2006-07 has made a clear findings that the assessee has purchased digital powers sub assemblies for which invoice has been raised by M/s Saraswati Dynamics Pvt. Ltd dated 8/3/2006. Thus the sub assemblies cannot be termed as the amplifier as a whole. In the same para, the Assessing Officer mentioned that assessee had sold amplifier to .....

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disallowance of the benefit under Section 80IC does not sustain. Thus, the CIT(A) has rightly held that A.O was not correct while disallowing the benefit under Section 80IC of the Act. - I.T.A .No.-3518/Del/2011, I.T.A .No.-5502/DEL/2011, I.T.A .No.-5503/DEL/2011 - Dated:- 26-7-2016 - SHRI R. S. SYAL, ACCOUNTANT MEMBER AND SMT SUCHITRA KAMBLE, JUDICIAL MEMBER For The Appellant : Sh. S. K. Jain, DR For The Respondent : Sh. Rakesh Gupta, Adv, Sh Somil Agarwal, Adv and Abhishek Anand, Adv ORDER PE .....

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favour of Revenue. 3. The assessee is engaged in manufacture and sell of electronics and mechanical equipments and was allowed deduction u/s 80IC in the Assessment Year 2004-05 & 2005-06 but the Assessment Year under challenge herein, the Assessing Officer has recorded that the assessee has sold one amplifier which was purchased from sister concern namely M/s Saraswati Dynamics, Roorkee and, therefore, the year under which the survey took place the assessee was not engaged in manufacturing a .....

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-06 the tax department accepted the sales and purchases and consequently the production and manufacturing activity was in carried out in the factory with all the required infrastructure of the assessee company. Incidentally, one of these two assessments have been completed by the AO (by name) who has completed the present assessment and has now made several uncalled for and arbitrary unsubstantiated, unsupported allegation despite submitting and producing of various certificates and licenses iss .....

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nceps (P) Ltd. is permanently registered as SSI unit for the manufacture of vibration socker system, digital amplifier etc. The certificate contained other various details such as office address etc. (b) NQAQSR has issued a certificate of registration vide certification dated 26/8/05 valid upto 25/8/08 holding that the holder has been assessed and found to comply with the requirements of ISO 9001 : 2000 and IS ISO 9001 : 2000. (Copy enclosed). Naval Sciences and Technological Laboratory, Vishaka .....

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the assessee that the officers of the institute of Small Industry Service Institute would be visiting the assessee s unit at C-18, Industrial Estate, Roorkee on 1/2/05. (e) The National Small Industries Corporation Ltd. has issued us a registration No: NSIC/Noida/GP/RS/07/AN-102 dated 17/3/05 mentioning the qualitative and quantitative capacity of various specification and various stores of the assessee petitioner at its factory situated at C-18,Industrial Estate, Roorkee. A copy of the letter d .....

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mpany is a manufacturer cum producer and actually engaged in the manufacture & enclosed a predispatch inspection report dated 19/9/05 signed by scientific officer declaring the assessee company as the manufacturer and the buyer was Bhabha Automatic Research Centre (BARC). The place of inspection was the factory premise of the assessee company at Roorkee and the date of inspection was within the relevant accounting period. It has been certified that all the items inspected were found satisfac .....

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nspection is within the relevant accounting period. It states that consignment is inspected as per supply order and FAT. It was found to be performing satisfactorily and was cleared for dispatch. (i) There is another pre dispatch inspection test report. This was signed by Shri Mukesh Kumar, REP.ASL, Hyderabad. (j) There is another pre dispatch inspection report signed by BVPS RAO scientist E NSTL dated 14/3/06. Again even at the cost of repetition, the place of inspection is the factory premises .....

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isfactorily and was cleared for dispatch to NSTL, Vishakapatnam. (l) The assessee enclosed a stage inspection of 240 KVA Power Amplifier by SDSC-SHAR. This report is signed by J V Rao, Engineer SDSC, SHAR. This report contains various details relating to the manufactured items. This is signed by the director an also the government functionaries. This also declares the place and test i.e. Roorkee and the period of test is again the relevant accounting period. 8. The Ld. AR further submitted that .....

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