TMI Blog2016 (1) TMI 1468X X X X Extracts X X X X X X X X Extracts X X X X ..... d. [ 2011 (6) TMI 9 - DELHI HIGH COURT ] wherein held receipts from sale of scrap being part and parcel of the activity and being proximate thereto would also be within the ambit of gains derived from the industrial undertaking for the purpose of computing deduction under section 80- IB - Thus we direct the Assessing Officer to compute the deduction under Section 80IB after taking into account the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulated at ₹ 450825, contrary to provisions of law. (b) That it may be held that sale of scrap generated in the manufacturing process is profit and gains derived from the industrial undertaking entitled to deduction u/s 801B. 2. Ground No.1 of the assessee s appeal is against the validity of initiation of proceedings under Section 153A of the Income-tax Act, 1961. However, no speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the ld.AR that this Tribunal in assessee s own case have considered this issue on identical facts for assessment year 2006-07, 2007-08,2008-09 and 2009-10 in ITA nos. 6182, 6183/Del/2013 and 1238, 1239/Del/2013 vide orders dated 20.12.2013 and 02.06.2015 respectively. Copies of the said orders has been placed on record before us. 4. Learned DR, on the other hand, relied upon the orders of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of gains derived from the industrial undertaking for the purpose of computing deduction under section 80- IB. 6. Respectfully following the above decision of Hon'ble Jurisdictional High Court, and the orders passed by this Tribunal in assessee s own case for A.Y 2006-07, 2007-08,2008-09 and 2009-10, we direct the Assessing Officer to compute the deduction under Section 80IB after taking ..... X X X X Extracts X X X X X X X X Extracts X X X X
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