2012 (1) TMI 310 - HC - Income Tax

Summary

Issues involved: Appeal against Tribunal's judgement on deduction u/s.80IB of the Act for BanasII Dairy Plant and cattle feed expansion.

Issue A - Deduction u/s.80IB for BanasII Dairy Plant:
The Revenue appealed against the Tribunal's decision on the assessee's entitlement to deduction u/s.80IB for BanasII Dairy Plant. The Court observed that the Tribunal agreed with the CIT(Appeals) and found no infirmity in the order, leading to the confirmation of the same. The Court, after hearing both parties and examining the documents and orders, upheld the Tribunal's decision, stating that there was no error or perversity in the order, and no question of law arose for determination. Consequently, the appeal was dismissed.

Issue B - Deduction u/s.80IB for cattle feed expansion:
The Revenue also challenged the Tribunal's decision to restore the issue of deduction u/s.80IB for cattle feed expansion to the Assessing Officer. The Court noted that the Tribunal's decision was based on a comprehensive review of facts and application of relevant provisions. After considering the arguments and the Tribunal's reasoning, the Court concluded that the order of remand was appropriate, and there was no error in the Tribunal's decision. As the matter was decided on facts without any legal issues for the Court to determine, the appeal was dismissed.

In summary, the High Court of Gujarat dismissed the Revenue's appeal against the Tribunal's judgement regarding the deduction u/s.80IB for BanasII Dairy Plant and cattle feed expansion, as it found no errors or legal issues warranting a different outcome based on the facts and application of relevant provisions.