2018 (1) TMI 1471 - AT - Income Tax

Deduction u/s 80IC - substantial expansion during the assessment year - claim of deduction @ 100% - HELD THAT - A perusal of the order of the AO reveals that he has not disputed that the assessee unit has carried out substantial expansion as provided under clause (b) of sub section (2) read with clause (ix) of sub section (7) of section 80IC. Almost similar view has also been taken by in the case of M/s Stovekraft India vs. Commissioner of Income Tax 2017 (12) TMI 69 - HIMACHAL PRADESH HIGH COURT . We, therefore, do not find any justification at this stage to give the AO a second innings to re-examine undisputed facts. The impugned order of the CIT(A) is set aside and the AO is directed to grant to the assessee deduction at the rate of hundred percent of its eligible profits - Decided in favour of assessee.

Summary

Issues:
Challenge to disallowance of deduction u/s 80IC of the Income-tax Act, 1961.

Analysis:
The appellant contested the disallowance of deduction u/s 80IC of the Income-tax Act, 1961, on the grounds that the deduction should have been allowable at 100% due to substantial expansion during the relevant assessment year. The key issue in this appeal was the CIT(A)'s decision to disallow the claim of deduction @ 100% under section 80IC of the Act. During the proceedings, it was highlighted that the Himachal Pradesh High Court had previously ruled in favor of the assessee in a similar case, emphasizing that there is no restriction in the section denying the benefit of 100% deduction to new units undertaking substantial expansion.

The Tribunal acknowledged the decision of the Himachal Pradesh High Court and emphasized that the Assessing Officer had not contested the substantial expansion carried out by the assessee unit, as required under the relevant provisions of section 80IC of the Act. The Tribunal rejected the Revenue's request to send the issue back for further verification, citing that the facts regarding substantial expansion were undisputed. Consequently, the Tribunal set aside the CIT(A)'s order and directed the Assessing Officer to grant the assessee a deduction at the rate of 100% of its eligible profits, in line with the High Court's ruling in the case referred to.

Therefore, the appeal was allowed, and the appellant succeeded in obtaining the deduction at the rate of 100% as per the decision of the jurisdictional High Court. The Tribunal's decision was based on the established facts regarding the substantial expansion carried out by the assessee unit, in accordance with the provisions of section 80IC of the Income-tax Act, 1961.