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2012 (1) TMI 12 - HC - Income TaxDeduction u/s 80IC Quantum of deduction u/s 80IC new industrial undertaking set up by the assessee in the A.Y. 2005-06 at Dehradun various documents placed by assessee to prove the existence of Dehradun unit/undertaking - Held that - In view of the factual findings recorded by the CIT (A), affirmed by the Tribunal, and non-placement of any contrary material or documents by Revenue, there is no reason to interfere with the order of allowing deduction u/s 80IC to assessee. - Decided against the Revenue. The assessee may be eligible u/s 80 IC but the quantum of deduction is an incidental but an important aspect which must be considered and examined even though no question has been raised by the appellant on this aspect. The Tribunal did not examine the question of quantum of deduction inspite of the factual matrix referred to and stated in the assessment order. Therefore, the matter is remitted to the Tribunal to decide afresh the quantum of deduction u/s 80IC. - Decided in favor of revenue.
Issues:
1. Deduction under Section 80IC of the Income Tax Act for the assessment year 2006-2007. 2. Validity of the industrial undertaking set up by the assessee in Dehradun. 3. Reconstruction and purchase from another entity, M/s Broadcasting Equipment (India) Pvt. Limited. 4. Quantum of deduction under Section 80IC. Issue 1: Deduction under Section 80IC The High Court considered an appeal filed by the Revenue challenging the order of the Income Tax Appellate Tribunal regarding the deduction of Rs.83,60,017 claimed by the assessee under Section 80IC of the Income Tax Act for the assessment year 2006-2007. The Tribunal upheld the findings of the CIT(A) that the new industrial undertaking set up by the assessee in Dehradun qualified for the deduction under Section 80IC. The court found no reason to interfere with these findings as no material was presented to challenge them. Issue 2: Validity of Industrial Undertaking in Dehradun The Assessing Officer initially disallowed the deduction under Section 80IC, citing reasons such as the premises being taken on rent with a short-term agreement and discrepancies in dates related to the commencement of operations. However, the CIT(A) deleted the disallowance after reviewing documents provided by the assessee, confirming the existence of the Dehradun unit through various certificates, agreements, and inspection reports. The court upheld these factual findings, affirming the eligibility of the Dehradun unit for the deduction under Section 80IC. Issue 3: Reconstruction and Purchase from M/s Broadcasting Equipment (India) Pvt. Limited The CIT(A) clarified that M/s Broadcasting Equipment (India) Pvt. Limited was not engaged in manufacturing activities but in trading audio and video equipment. The plant and machinery were sold to the assessee and installed at the Dehradun unit. The Assessing Officer initially accepted the eligibility for deduction under Section 80IC for the assessee in the assessment year 2005-2006. Although revisionary proceedings were initiated, they were dropped after the submission of relevant documents. The court found no reason to interfere with these findings. Issue 4: Quantum of Deduction under Section 80IC The Assessing Officer raised concerns about the turnover and profits declared by the Dehradun undertaking, questioning the manufacturing activities and allocation of expenses. However, neither the CIT(A) nor the Tribunal examined the quantum of deduction under Section 80IC. The court noted the importance of considering this aspect and remitted the matter back to the Tribunal for a fresh decision on the quantum of deduction. The court ruled in favor of the Revenue on this issue. In conclusion, the High Court upheld the eligibility of the Dehradun unit for deduction under Section 80IC, affirmed the purchase and installation of plant and machinery from M/s Broadcasting Equipment (India) Pvt. Limited, and remitted the matter back to the Tribunal for a fresh decision on the quantum of deduction. The judgment highlighted the importance of considering all aspects, including the quantum of deduction, in tax matters.
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