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2017 (1) TMI 885 - ITAT DELHI

2017 (1) TMI 885 - ITAT DELHI - TMI - Scope of rectification of mistake - whether AO empowered to reduce the deduction claimed by the assessee u/s 80-IC @ 30% accepted u/s 143 invoking the provisions contained u/s 154 - Held that:- Undisputedly, the AO has passed order dated 29.03.2012 u/s 154 summarily without perusing and discussing the record to find out if the assessee is actually entitled for deduction u/s 80-IC @ 100% as claimed or 30% as held by the AO. It is settled principle of law that .....

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amounts to reframing of the assessment without giving any reason. However, the revenue is at liberty to reopen the assessment in accordance with law. - Even otherwise, the assessee has already been granted 100% deduction u/s 80-IC for AY 2010-11 vide order dated 15.07.2014 passed by CIT (A) which is not stated to have been challenged by the revenue. So, when the assessee has already been allowed 100% deduction u/s 80-IC till 10th year of its operation, the disallowance u/s 80-IC for the inte .....

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jection, the same are being disposed off by way of consolidated order to avoid repetition of discussion. 2. Appellant, Assistant Commissioner of Income-tax, Circle 1(1), New Delhi (hereinafter referred to as the revenue ) by filing the present appeal, sought to set aside the impugned order dated 03.04.2013 passed by the Commissioner of Income-tax (Appeals)- IV, New Delhi qua the assessment year 2006-07 on the grounds inter alia that :- 1 The learned CIT(A) has erred on facts and in law by annull .....

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imed by the assessee u/s 80 I(e) was not allowable since there was no substantial expansion of plant and machinery of the undertaking or enterprises within the meaning of Section 80 I(C) Sub Clause(2) read with sub clause (4) and sub clause (8)(ix) of the I.T. Act 1961. Without prejudice to the above 4. The learned CIT(A) erred on facts and in law by not considering the basic position of law that assessee was not even entitled to the deduction allowed by the AO u/s 80 I(C) of even 30 % as the as .....

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er of Income-tax (Appeals)-IV, New Delhi qua the assessment year 2006-07 on the grounds inter alia that :- 1. Preliminary objection to revenue's argumentative/new/additional grounds That on the facts and in the circumstances of case and in law, the majority of the grounds taken now before ITA T by Assessing officer in appeal memo are neither borne out from impugned ( stero- type) rectification order nor from case records forming basis of the. impugned proceedings. Refer: ITAT orders reported .....

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; from records in instant case, as long drawn process of reasoning and investigation is required coupled with plurality of views. Refer Supreme Court in case of T.S. Balram vs. Volkart Bros. [1971] 82 ITR 50 3. That on the facts and in the circumstances of case and in law, from cursory look to revenue's appeal grounds it is clear that instant rectification proceedings being very limited in scope, are used for reframing the assessment giving additional reasons which is not permissible u/s 154 .....

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roposed rectification and along with CA report filed in prescribed format available on records from beginning. 4. Briefly stated the facts of this case are : originally assessment of the assessee for AY 2006-07 was completed under section 143(3) of the Income-tax Act, 1961 (for short the Act ) on 18.08.2008 vide which the income of the assessee at ₹ 15,87,850/- with book profit of ₹ 3,59,50,375/- u/s 115JB of the Act was accepted. Subsequently, AO by entertaining the application u/s .....

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T (A) by way of filing appeal who has allowed the appeal by holding that the impugned addition is beyond the scope of section 154 of the Act. Feeling aggrieved, the revenue has come up before the Tribunal by way of filing the present appeal. Assessee has also filed cross objection impugning the order passed by the AO. 6. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the l .....

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