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2015 (2) TMI 1104 - ITAT AHMEDABADValidity of invoking the provisions of section 263 - entitlement for claim of deduction u/s.80IC - Held that:- The assessee has placed reliance on the decision of the Coordinate Bench rendered in the case of Tirupati LG Industries Ltd., New Delhi vs. DCIT-Circle-2, Dehradun [2014 (1) TMI 1689 - ITAT DELHI] wherein it has been held that there is no prohibition or Bar into the Statute that the assessee cannot carry out substantial expansion after having carried out once. The aforesaid decision of the Coordinate Bench was not submitted before the ld.CIT, therefore it would appropriate that the matter be restored to his file for decision afresh, taking into consideration the decision of the Coordinate Bench rendered in the case of Tirupati LPG Industries Ltd.(supra). Moreover, the Revenue has not placed any contrary binding precedent on record taking a contrary view than the view expressed by the Coordinate Bench of this Tribunal in the case of Tirupati LPG Industries Ltd.(supra). Therefore, the order of the ld.CIT is hereby set aside and the matter is restored back to his file for decision afresh. Needless to say that the ld.CIT would afford sufficient opportunity to the assessee. - Decided in favour of assessee for statistical purposes.
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