TMI Blog2022 (7) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... ted before Assessing Officer, showing the details of freight income - The assessee also submitted the details of freight income - Therefore, these facts clearly prove that assessee s claim is genuine and assessee deserves for deduction u/s 80IB As assessee has been claiming deduction under section 80IB of the Act since a long and department has been allowing the claim of the assessee under section 80IB of the Act, in previous years, therefore since the department has allowed the claim of the assessee in previous years, hence the genuineness of the claim should not be doubted. For the current assessment year, the assessee has furnished relevant documents and evidences to fulfill the conditions for claiming deduction under section 80IB of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t reserves the right to add, alter, amend all or any of the above grounds of appeal as maybe advised from time to time. 3.Brief facts qua the issue are that assessee is a specific family trust engaged in the business of manufacturing of corrugated boxes. Assessee filed return of income for A.Y.2006-07 on 31.12.2006 declaring total income of Rs.33,99,310/- after claiming deduction of Rs.11,32,507/-) under section 80IB of the Act. Thereafter assessment was framed u/s 143(3) of the Act vide order dated 30.12.2008, the total income was determined at Rs.2,52,92,529/-. Aggrieved by the order of Assessing Officer assesses carried the matter before Ld.CIT(A). The Ld. CIT(A) by an order dated 17/03/2010 granted partial relief to the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore feel that in the interest of justice one more opportunity be given to the Assessee to present before A.O. the required details in support of its claim deduction under section 80IB. We also direct the Assessee to file all the necessary details called for by the A.O. promptly within a reasonable time. In case of failure of Assessee to file the details, the A.O. shall be free to proceed on the basis of material on record. Thus this ground of Assessee is allowed for statistical purpose . 4.In view of the Hon'ble Tribunal's order, a notice u/s 143(2) of the Act was issued by assessing officer on 07.04.2015 which was duly served upon the assessee. In response to the notice of the Assessing Officer, the assessee submitted writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmed the action of Assessing Officer. Aggrieved by the order of ld. CIT(A), the assessee is in further appeal before us. 7.Learned Counsel for the assessee submitted that the solitary issue in the assessee s case is that freight charges recovered from the customers are eligible for deduction under section 80IB of the Act. To support his plea, the ld Counsel submitted the relevant invoices which are placed at page no. 57 to 133 of the paper book. The Ld. Counsel also submitted From No.10CCB and the relevant evidences of freight charges recorded from the customers by way of invoices, and pleaded that assessee is entitled to claim the deduction under section 80IB of the Act. 8.On the other hand, the Ld. DR for the Revenue has primaril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ok. Therefore, these facts clearly prove that assessee s claim is genuine and assessee deserves for deduction u/s 80IB of the Act. We also note that assessee has been claiming deduction under section 80IB of the Act since a long and department has been allowing the claim of the assessee under section 80IB of the Act, in previous years, therefore since the department has allowed the claim of the assessee in previous years, hence the genuineness of the claim should not be doubted. For the current assessment year, the assessee has furnished relevant documents and evidences to fulfill the conditions for claiming deduction under section 80IB of the Act, as noted above, therefore we are of the view that assessee is entitled to claim deduction und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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