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TMI Blog2025 (5) TMI 1325X X X X Extracts X X X X X X X X Extracts X X X X ..... R) ORDER PER SATBEER SINGH GODARA, JM This assessee's appeal for assessment year 2018-19, arises against the Principal Commissioner of Income Tax [in short, the "PCIT"], Dehradun's DIN and order no. ITBA/REV/F/REV5/2022- 23/1051158962(1), dated 23.03.2023, involving proceedings under sections 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 2. Heard both the parties a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 80IC(4) of the Act as well. 4. It is in this backdrop that we note from a perusal of the case file that the assessee herein a partnership firm w.e.f. 01.03.2017; which had been established as a proprietary concern having proprietor M/s. Vipul Chandra; in FY 2009-10, followed by commencement of its production w.e.f. 09.12.2009 in the notified area at Roorkee. There is further no dispute between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.2019 followed by yet another section 142(1) notice dated 17.12.2020 (pages 11 to 12), which stood duly replied on the very specific issue. That being the case, we are of the considered view that the Assessing Officer's scrutiny assessment could not be termed as having either not examined the above section 80IC issue or that of an inadequate inquiry, as the case may be. 6. The Revenue's next arg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, it could hardly dispute that the same comes into play only in case the eligible unit is formed either by splitting up or reconstruction of a business already in existence or transfer to a new business of machinery or plant previously used for any purpose, as the case may be. We hold that none of these conditions are satisfied in the assessee's instant case as the facts herein do not fall thereu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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