9911796707
TMI Blog2022 (9) TMI 1143X X X X Extracts X X X X X X X X Extracts X X X X ..... ,557/- on account of disallowance u/s 80IC of the Act." 3. Brief facts of the case are that the assessee company is engaged in the business of induction Head Seal Cap liner material and induction wads. Return declaring an income of Rs.4,22,56,630/- was filed on 27.11.2014. The case was selected for scrutiny. The AO has computed the assessment u/s 143(3) of the Income-tax Act, 1961 (for short 'the Act') vide order dated 30.09.2016 after making disallowance u/s 80IC at Rs.1,75,43,557/- and addition on account of delayed payment of ESI/EPF at Rs.1,49,581/-. Total income was assessed at Rs.5,99,49,765/-. During the year under consideration, the assessee has claimed deduction u/s 80IC of Rs.1,75,43,557/-. The AO has asked the assessee to file p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10-11, 2012-13 & 2013-14 by CsIT(A). The AO has disallowed the claim with the observation that the product manufacture by the appellant comes under the Schedule 13 at S.No. 19 which is a negative list of product on which section 80IC is not applicable, as the product falls under the chapter 48 of Central Excise. The appellant has submitted that AO did not notice that as per chapter 48 it is specifically provided that metal foil backed with paper or paper board are not covered under chapter 48. The appellant has obtained the legal opinion regarding classification of induction heat seals (HIS) cap liners and as per the legal opinion of Excise consultant aluminum foil in the form of rolls / running length are to be classified under tariff head ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both the parties and perused the record. 6. Ld. DR for the Revenue relied upon the grounds of appeal and the order of the AO. However, he did not dispute the proposition that the same issue has been decided by the ITAT in assessee's own case in favour of the assessee for AY 2010-11 & 2015-16. 7. Per contra ld. Counsel of the assessee submitted that ITAT in assessee's own case for earlier periods has decided the issue in favour of the assessee and hence he pleaded that the matter is covered in favour of the assessee. 8. In this regard, we may gainfully refer to the decision of ITAT in assessee's own case in ITA No.2178/Del/2019 for AY 2015-16 vide order dated 11.10.2021 as under:- "7. We have heard the rival submissions and perused the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 6/10/2003 issued by the Government of India, Ministry of Finance (Department of Revenue), New Delhi allowed deduction under section 80 IC of the Act to the assessee. Revenue is therefore in this appeal. 4. At the outset, Ld. AR submitted that the Ld. CIT(A) followed the Board Circulars for granting relief to the assessee. He further submitted that under similar set of facts for the assessment years 2010-11 and 2012-13 a coordinate Bench of this Tribunal dealt with this issue in assessee's own case in ITA No. 5994/Del/2014 and 6550/Del/2015 and by order dated 18/02/2019 Tribunal returned a finding that inasmuch as the industrial unit was set up on 26/10/2006, and the initial assessment year in which deduction under section 80 IC ..... X X X X Extracts X X X X X X X X Extracts X X X X
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