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2018 (4) TMI 1694 - AT - Income TaxClaim of deduction u/s 80IC - rejecting the claim of deduction @ 100% of eligible profits - entitlement to the assessee to said deduction as it was the 9th year of production - substantial expansion in 2010-11 financial year would not entitle the assessee to said deduction as it was the 9th year of production - HELD THAT - Assessee's claim of deduction u/s 80IC to the extent of 100% of eligible profits from the manufacturing activity was limited to 25% by the AO and the CIT(A) relying upon the decision in the case of Hycron Electronics V ITO 2015 (6) TMI 725 - ITAT CHANDIGARH confirmed the order the tax authorities taking into consideration the fact that the assessee started its business activity in July,2005 and the initial assessment year for claim of deduction u/s 80IC of the Act was 2006-07 assessment year rejecting the claim of deduction @ 100% of eligible profits on the ground that substantial expansion in 2010-11 financial year would not entitle the assessee to said deduction as it was the 9th year of production. Case is remitted back to the file of the AO with the direction to give necessary relief in accordance with law after giving the assessee a reasonable opportunity of being heard in terms of the decision of the jurisdictional High Court. - Appeal of the assessee is allowed for statistical purposes.
Issues:
1. Disallowance of benefit of substantial expansion u/s 80IC(2) and confirmation of deduction u/s 80IC limited to 25%. 2. Interpretation of substantial expansion for claiming deduction u/s 80IC. Analysis: Issue 1: Disallowance of benefit of substantial expansion u/s 80IC(2) and confirmation of deduction u/s 80IC limited to 25%. The appellant challenged the order of CIT(A)-2 Gurgaon dated 29.09.2016, disputing the disallowance of the benefit of substantial expansion under section 80IC(2) and the restriction of deduction to 25% instead of 100%. The appellant argued that the Assessing Officer (AO) had acknowledged the substantial expansion in the 2011-12 assessment year. The appellant relied on a High Court decision in the case of M/s Stove Craft India to support their claim. The Senior Departmental Representative (Sr.DR) supported the impugned order. Issue 2: Interpretation of substantial expansion for claiming deduction u/s 80IC. The Appellate Tribunal noted that the appellant, engaged in manufacturing laminated boards, claimed a 100% deduction under section 80IC, which was reduced to 25% by the AO and CIT(A) based on a previous ITAT decision in the case of Hycron Electronics. The tax authorities considered the commencement of business in July 2005 and the 2006-07 assessment year as the initial year for the deduction claim. The denial of the 100% deduction was based on the view that substantial expansion in the 2010-11 financial year, being the 9th year of production, did not entitle the appellant to the full deduction. The Tribunal observed that post the High Court judgment in the case of M/s Stove Craft India, the issue was clarified, leading to the remittance of the case back to the AO for granting necessary relief in accordance with the law and providing the appellant with a fair hearing as per the High Court's decision. In conclusion, the appeal of the assessee was allowed for statistical purposes, and the order was pronounced in open court on 04.04.2018.
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