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2015 (11) TMI 1118 - AT - Income TaxDeduction under section 80-IB denied - CIT(A) allowed the claim - Held that - Admittedly, the learned Commissioner of Income-tax (Appeals) has followed the order passed by the Tribunal in the assessee s own case for the assessment year- 2006-07. A perusal of the order of the Tribunal would show that the Tribunal is consistently taking the view that the deduction under section 80-IB should be allowed unit-wise and each unit is an independent unit. We notice that the learned Commissioner of Income-tax (Appeals) has followed the order of the Tribunal on this issue. - Decided against revenue.
Issues:
- Appeal challenging order of Commissioner of Income-tax (Appeals) regarding deduction under section 80-IB of the Income-tax Act, 1961. Analysis: 1. The Revenue filed an appeal challenging the order of the Commissioner of Income-tax (Appeals) regarding the deduction claimed by the assessee under section 80-IB of the Income-tax Act, 1961 for the assessment year 2010-11. The issue in question was the relief granted by the Commissioner of Income-tax (Appeals) reversing the decision of the Assessing Officer who rejected the deduction claimed by the assessee amounting to Rs. 2.73 crores under section 80-IB of the Act. 2. The assessee, engaged in the business of manufacturing plastic pipes and fittings, claimed deduction under section 80-IB of the Act at different rates for different units. The Assessing Officer rejected the claim, but the Commissioner of Income-tax (Appeals) allowed it based on previous Tribunal decisions in the assessee's favor for assessment years 2006-07 and 2007-08. The Tribunal consistently held that deduction under section 80-IB should be allowed unit-wise, treating each unit as independent. 3. The Tribunal found no infirmity in the Commissioner of Income-tax (Appeals) order as it correctly followed the Tribunal's previous decisions. The Revenue's appeal was dismissed, upholding the allowance of deduction under section 80-IB for each independent unit operated by the assessee. The decision was pronounced on June 23, 2015, by the Bench comprising B. R. Baskaran (Accountant Member) and Amit Shukla (Judicial Member).
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