9911796707
TMI Blog2010 (1) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... tava J.- This order will also govern disposal of I.T.A. No. 97 of 2009 and I. T. A. No. 98 of 2009. 2. These two appeals have been filed against the common order dated June 19, 2009 passed by the Income-tax Appellate Tribunal, Indore Bench, Indore in I. T. A. No. 784/Ind/2007 assessment years 2003-04 and 2004-05. I. T. A. No. 97 of 2009 relates to the assessment year 2003-04 and I. T. A. No. 98 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up in the financial year 1997-98 and it was situated in backward area, therefore, claim under section 80-IA(2) was admissible. 4. The Assessing Officer denied the benefit of section 80-IA to the respondent and the Commissioner of Income-tax (Appeals) while deciding the appeal against the order of assessment, took the view that the audit report as prescribed under the Act was not filed and the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have heard the learned counsel appearing for the appellant and perused the record. 8. The Income-tax Appellate Tribunal on appreciation of the material available on record, has recorded that commercial production in the unit 2 had started in the year 1997-98 and the machines of the unit are independent to produce the saleable products. The claim of the respondent is supported by the project repo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t he had not made the claim for the earlier years, he cannot be denied to claim the same for the subsequent years. It has also been found that the respondent prepared detailed proportionality and the accounts were audited. The respondent has produced sufficient material before the Assessing Officer to establish that the unit 2 had its separate building and the new unit had separate and distinct id ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... infirmity in the aforesaid facts recorded by the Tribunal and the conclusions drawn by it. In view of the aforesaid position on facts, the Tribunal has not committed any error of law in holding that the respondent was entitled to the benefit of deduction under section 80-IA(2) of the Income-tax Act. 12. Thus, we find that the appeal does not involve any substantial question of law requiring consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
