9911796707
TMI Blog2018 (11) TMI 1896X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeals, hence, these were heard together and are being disposed of by this common order. 3. The appeal in ITA No. 330/Chd/2018 for assessment year 2010-11 is taken as a lead case, wherein, the grounds raised by the assessee are as under:- 1. That Ld. CIT(A) has erred in law and facts in confirming the action of the Assessing officer by holding that unit-3 is reconstruction of existing business activity of the company and thereby holding both units as a single unit. 2. The Ld. CIT(A) has erred in law and facts in restricting the deduction u/s 80IC in respect of Unit-3 according to the eligibility of percentage deduction u/s 80IC for Unit-2 3. The Ld. CIT(A) has erred in law and facts in holding initial assessment year of Unit-3 sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Ld. Counsel for the assessee in this respect has placed reliance upon the DIC (District Industries Centre), Registration letter dated 30.3.2017, wherein, the address of the assessee Unit-II has been mentioned as 'STPI Building, Black 24, SDA Complex Shimla. It has been claimed that, whereas, Unit-III of the assessee was being run from 4th Floor, Altruist Technologies Private Limited, Behind Hotel Firhill, Near Tunnel No. 103, Shimla. The Ld. Counsel in this respect has relied upon the copy of the letter of the DIC Registration of Unit-III placed at paper Book page No. 42. He has further submitted that with a view to establish a new unit (Unit-III), the assessee company on 21.1.2008 had purchased a building at the aforesaid address of U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces and information technology industries and that the business of the company has seen a tremendous growth. It has been further explained that though, the building used of Unit -III was earlier registered office of the Company, however, the said building now has been used for the operation of Unit-III, whereas, the Unit-II has been separately running from another building situated at a distance of 7 Kms. 6. We find that the above contentions of the assessee have not been rebutted by the lower authorities. The only objection put by the Assessing officer was that the building / address of Unit-III was earlier the registered office of the company, however, it is not the case of the Assessing officer that Unit-II was also run from this buildi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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