2016 (1) TMI 780 - AT - Income Tax

Disallowance of deduction u/s.80IB - Held that - Assessee has been unable to substantiate his claim of deduction u/s.80IB of the Act and therefore, we find it justified to confirm the disallowance made by the Assessing Officer and allow the appeal of the Revenue. - Decided against assessee

Summary

Issues Involved:
1. Deletion of disallowance of deduction under Section 80IB of the Income Tax Act for Assessment Years 2001-02, 2003-04, and 2007-08.

Issue-wise Detailed Analysis:

1. Deletion of disallowance of deduction under Section 80IB for A.Y. 2001-02:
The Revenue filed an appeal against the CIT(A)'s order deleting the disallowance of Rs. 17,29,981/- under Section 80IB. The assessee, engaged in manufacturing electronic goods, claimed this deduction in their return. The Assessing Officer (AO) disallowed the claim due to the assessee's failure to provide requisite details and evidence. The CIT(A) allowed the deduction, but the ITAT set aside the matter to the AO for re-examination. Despite multiple notices and requests for information, the assessee did not provide the necessary documents. The AO reiterated the disallowance due to lack of evidence supporting the manufacturing activity, power usage, and employment of requisite workers. The CIT(A) again deleted the disallowance without substantial evidence. The Tribunal upheld the AO's disallowance, noting the assessee's failure to meet the requirements of Section 80IB and lack of cooperation in providing evidence.

2. Deletion of disallowance of deduction under Section 80IB for A.Y. 2003-04:
Similar to A.Y. 2001-02, the Revenue appealed against the CIT(A)'s order deleting the disallowance of Rs. 26,07,155/- under Section 80IB. The ITAT had previously set aside the issue for re-examination. The AO issued fresh notices and requested documents, but the assessee again failed to provide sufficient evidence. The AO disallowed the deduction due to the same reasons as in A.Y. 2001-02. The Tribunal confirmed the AO's disallowance, citing the assessee's inability to substantiate the claim and lack of cooperation.

3. Deletion of disallowance of deduction under Section 80IB for A.Y. 2007-08:
The Revenue challenged the CIT(A)'s order deleting the disallowance of Rs. 1,78,578/- under Section 80IB. The AO issued similar notices and questionnaires as in the previous years, but the assessee did not furnish the required evidence. The AO disallowed the deduction due to insufficient proof of manufacturing activity, power usage, and employment of workers. The Tribunal upheld the AO's disallowance, following the same reasoning as in the previous years, and allowed the Revenue's appeal.

Conclusion:
In all three appeals, the Tribunal upheld the AO's disallowance of deductions under Section 80IB due to the assessee's failure to provide necessary evidence and meet the statutory requirements. The Tribunal allowed the Revenue's appeals and confirmed the disallowance of deductions for the respective assessment years.